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Monday, March 30, 2015

The Religious Hegemony Restoration Act

Indeed, the justifications for Indiana's pro-bigotry law based on the mere existence of the RFRA are bogus:

Part of what really stinks here is the way the language of RFRA is being twisted to turn an attempt to defend the rights of religious minorities into a tool for defending the hegemony of religious majorities.

Hence, Pence. The Indiana governor just signed into law something called a “Religious Freedom Restoration Act.” But the law itself is nothing like its 1993 namesake. It’s an artificial Lemon. Indiana’s new law is not an attempt to hold statutes restricting religious liberty to strict scrutiny. It is, rather, a reaffirmation and expansion of the obnoxious logic of the Oregon v. Smith ruling that the real RFRA was written to correct. And it goes beyond that, to grant this power to discriminate not just to the state itself, but to private businesses and business owners.

In Indiana, every business is now Oregon and every customer they don’t like, for whatever reason, is now Smith.

And Smith, you’ll remember, lost.

But I hear tell "no sane business" would ever discriminate, so this outrage is moot...

ntodd

March 30, 2015 | Permalink

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