By now, itâ??s clear that Indianaâ??s Religious Freedom Restoration Act was crafted to empower piously bigoted entrepreneurs and companies desirous of freelancing with their own â??Jim Crow for gaysâ? restrictions, and to let them cite as legal justification for doing so their precious religious sensibilities. The RFRA, said the original text, sought to give judicial succor to those who found that their â??exercise of religion . . . has been substantially burdened,â? or was just â??likely to be substantially burdenedâ? by performing services for people their faithâ??s sacred credos enjoin them to abhor (gays, in this case). The ensuing uproar in the media and business circles compelled Indianaâ??s state Senate to amend the legislation to prevent its deployment against the LBGT community, but state Democrats are still calling for its repeal.
The danger, however, has by no means passed. RFRAs already exist in 21 other states (in three of which, bills are pending to fortify them), and three more are considering adopting similar measures. The RFRA just passed last week in Arkansas may allow faith-based discrimination; we now await a test case.
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