The Religious Freedom Restoration Act (RFRA), also known as Indiana Senate Bill 101, is a law in the U.S. state of Indiana, which allows individuals and companies to assert as a defense in legal proceedings that their exercise of religion has been, or is likely to be, substantially burdened.
The bill was approved by a vote of 40–10 and on March 26, 2015, Indiana Governor Mike Pence signed SB 101 into law. The bill is similar to the Arizona SB 1062 vetoed by Governor Jan Brewer in 2014, which would have expanded Arizona's existing RFRA to include corporations.
The law's signing was met with criticism by such organizations as the National Collegiate Athletic Association (NCAA), Tim Cook (CEO of Apple Inc.), Subaru of America, the gamer convention Gen Con, and the Disciples of Christ. Technology company Salesforce.com said it would halt its plans to expand in the state,(March 26, 2015) – "NCAA 'concerned' over Indiana law that allows biz to reject gays " CNN. Retrieved March 26, 2015. as did Angie's List. Opponents of the law claim that it is targeted against LGBT (lesbian, gay, bisexual, and transgender) people and other groups. Proponents of the law claim that it protects free exercise of religion and freedom of conscience.
Thousands protested against the policy, in part because of Indiana's reputation for "Hoosier hospitality". Greg Ballard, the Republican mayor of Indianapolis, called on the legislature to repeal the law, or add explicit protections for sexual orientation and gender identity. Mike Pence and Republican leadership in Indiana have defended the bill, stating it is not about discrimination.
Background
Indiana's Attorney General Greg Zoeller has written amicus briefs supporting same-sex marriage bans in Hollingsworth v. Perry and United States v. Windsor and appealed the Supreme Court's ruling on same-sex marriage in Indiana. Politifact reports that "Conservatives in Indiana and elsewhere see the Religious Freedom Restoration Act as a vehicle for fighting back against the legalization of same-sex marriage." In 2015, the Alabama Supreme Court ordered a halt to the issuing of same-sex marriage licenses, Kansas rescinded an LGBT anti-discrimination order, and Arkansas prohibited anti-discrimination codes being enacted by cities and local governments.
Indiana, unlike neighboring Illinois, does not have a state-wide anti-discrimination ordinance, and the majority of the state does not have local ordinances against discrimination against LGBT people. When a reporter asked Speaker of the House Brian Bosma whether it would be against the law for a business to put up a "no gays allowed" sign, he stated that "it would depend" on whether the business was in "a community that had a human rights ordinance."
In 2000, Pence stated "Congress should oppose any effort to recognize homosexual's as a 'discreet and insular minority' entitled to the protection of anti-discrimination laws similar to those extended to women and ethnic minorities." He called for "an audit to ensure that federal dollars were no longer being given to organizations that celebrate and encourage the types of behaviors that facilitate the spreading of the HIV virus". He commented that homosexuals should not serve in the military, stating "Homosexuality is incompatible with military service because the presence of homosexuals in the ranks weakens unit cohesion" and in 2010 stated that repealing Don't ask, don't tell would "have an impact on unit cohesion." Pence opposed the 2009 Matthew Shepard Hate Crimes Act stating that Obama would "advance a radical social agenda" and said that pastors "could be charged or be subject to intimidation for simply expressing a Biblical worldview on the issue of homosexual behavior."
Burwell v. Hobby Lobby
In 1993, the Religious Freedom Restoration Act was passed by the U.S. Congress and signed into law by President Bill Clinton. Originally, the federal law was intended to apply to federal, state, and local governments. In 1997, the U.S. Supreme Court in City of Boerne v. Flores held that the Religious Freedom Restoration Act only applies to the federal government, but not states and other local municipalities within them. As a result, 21 states passed state RFRAs before 2014.
In 2014, the United States Supreme Court handed down a landmark decision in Burwell v. Hobby Lobby Stores, Inc. recognizing a for-profit corporation's claim of religious belief. Nineteen members of Congress who signed the original RFRA stated in a submission to the Supreme Court that they "could not have anticipated, and did not intend, such a broad and unprecedented expansion of RFRA". The members further stated that RFRA "extended free-exercise rights only to individuals and to religious, non-profit organizations. No Supreme Court precedent had extended free-exercise rights to secular, for-profit corporations." Following this decision, many states have proposed expanding state RFRA laws to include for-profit corporations, including in Arizona where SB 1062 was passed but was vetoed by Governor Jan Brewer in 2014.
Content and other related aspects Content As signed into law, Indiana SB 101 stipulates that "a governmental entity may not substantially burden a person's exercise of religion... [unless it] (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest." The bill defines a "person" to include any individual, organization, or "a partnership, a limited liability company, a corporation, a company, a firm, a society, a joint-stock company, an unincorporated association", or another entity driven by religious belief that can sue and be sued, "regardless of whether the entity is organized and operated for profit or nonprofit purposes." A "person," as defined by the bill, would be permitted to cite violation of this law as a defense in legal proceedings. While the bill explicitly states that no government entity need be involved in the legal proceeding to invoke such a defense, it also states that "the governmental entity has an unconditional right to intervene in order to respond to the person's invocation of this chapter."
Signing The bill was approved by a vote of 40–10. The Governor signed the approved bill into law three days later, and the law became effective on July 1, 2015.
Lobbyists from the American Family Association and the Indiana Family Institute, who pushed for a ban on same-sex marriage in Indiana, were among the guests invited to the bill's private signing. Micah Clark, executive director of the American Family Association of Indiana, previously stated that the organization would shift its focus from opposing gay marriages to preventing people from being forced to participate if they oppose them on religious grounds. Conservative Christian lobby group Advance America, which warned of "dire consequences" if same-sex marriage was enacted, stated on their website that the law means "Christian bakers, florists and photographers should not be punished for refusing to participate in a homosexual marriage!"As quoted by
Governor Mike Pence has repeatedly stated the bill does not cause discrimination, stating in a release that the bill is about "respecting and reassuring" citizens that their "religious freedoms are intact."
Differences to the Religious Freedom Restoration Act other State Religious Freedom Restoration Acts The bill differs in two ways from the federal Religious Freedom Restoration Act (RFRA) and other State Religious Freedom Restoration Acts. First: Religious protection is provided to more businesses than under the federal statute, because the federal statute and its state counterparts except that of South Carolina have no language granting any for-profit business the right to “the free exercise of religion”. Louisiana and Pennsylvania explicitly exclude for-profit businesses from the protection of their RFRAs. Second: A defense in actions between private parties is explicitly provided for a wide range of suits including discrimination suits. This due the following language in the statute: “A person whose exercise of religion has been substantially burdened, or is likely to be substantially burdened, by a violation of this chapter may assert the violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the state or any other governmental entity is a party to the proceeding." (Emphasis added in source) This language isn't in other state Religious Freedom Restoration Acts except that from Texas. According to Law professor Garrett Epps this means "first, that the Indiana statute explicitly recognizes that a for-profit corporation has “free exercise” rights matching those of individuals or churches." It also means secondly that a business’s “free exercise” right is not simply a defense against actions brought by government, but more importantly a defense against a private lawsuit by another person. Taken together, these two differences reveal that, contrary to the federal RFRA and its state counterparts, Indiana Senate Bill 101 was "carefully written to make clear that 1) businesses can use it against 2) civil-rights suits brought by individuals."
Impact and reaction
Indiana passed its bill in a "perfect storm" of media attention, when 1,500 credentialed media were coming to town for the Men's Final Four, said Chris Gahl, vice president of Visit Indy, the city's tourism marketing agency. After the bill's signing, a restaurant owner, named Ryan, called Indianapolis radio to say that his Christian belief in "Adam and Eve not Adam and Steve" means he should be able to turn away same-sex couples.
Within a week of the bill being signed into law, Memories Pizza, a family-owned business in Walkerton, became the first business to publicly announce that they would refuse to cater a same-sex wedding as a result of the law. The owners stated that "if a gay couple or a couple belonging to another religion came in to the restaurant to eat, they would never deny them service... they just don't agree with gay marriages". The announcement immediately triggered a heated backlash against Memories Pizza; Yelp users took to the platform to condemn the pizzeria and its owners, resulting in a review average of one out of five stars. Following the negativity, the business temporarily closed due to fake orders and threats it received. Due to this, supporters of the restaurant raised over $800,000 for it. Indiana Pastors Alliance Executive Director Rob Johnson Jr. said of the public and media's response to the bill, "This is a false narrative created by the left to say that we are somehow evil people by embracing biblical beliefs." Memories Pizza closed permanently in April 2018.