The debate over last summer’s Hobby Lobby decision has a new source for conflict: state legislatures. The Supreme Court decision, which expanded corporate religious liberty, rested on an interpretation of the Religious Freedom Restoration Act (RFRA), a federal statute that Congress passed in 1993. In the post-Hobby Lobby era, it has become common to hear of states gearing up to buttress their own versions of RFRA. At least 20 states have enacted RFRAs, and in the past several months, state lawmakers in several jurisdictions have proposed RFRA amendments to protect business owners against claims of discrimination.
In Georgia, where a same-sex marriage ban is currently being challenged in federal court, the state legislature proposed the “Preventing Government Overreach on Religious Expression Act” in late January. The bill would amend the state’s RFRA to shield businesses and employers who engage in discriminatory practices, if their motives are religious. Arizona Governor Jan Brewer vetoed similar legislation after both business and civil rights leaders objected. Kansas, Michigan, Idaho, Indiana, Mississippi, Missouri, and Oklahoma, among others, have also considered such bills.
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