The Limits of Religious Freedom

To say that Indiana’s new Religious Freedom Restoration Act (RFRA) set off a firestorm would be an understatement. When Governor Mike Pence signed it into law in March, he triggered a series of protests from an array of groups that included both the NCAA and Angie’s List. Unable to withstand the pressure, Pence pressed for revision and clarification of the law.

The dominant frame for the debate about Indiana’s RFRA was the tension between religious freedom and the need to combat discrimination against homosexuals. But understanding the controversy in those terms doesn’t address the deeper problem. Instead, the controversies over the Indiana law are symptomatic of a more fundamental difficulty with RFRA jurisprudence generally. I call it the “Princess and the Pea” problem.