Head On Crash: Religious Freedom vs. Gay Rights




Louisiana's "religious freedom" bill endorses discrimination against gays.

Louisiana’s “religious freedom” bill endorses discrimination against gays.

In 1993, Congress passed the Religious  Freedom Restoration Act (RFRA) with the intent of protecting religious practices from interference by the government. It was aimed specifically at preventing government agencies from banning the use of peyote in Native American religious rites or encroaching on sacred Native American grounds.

The U.S. Supreme ruled in 1997 that the RFRA did not apply to the states, and in 2014 ruled that RFRA protected corporations with religious owners (such as plaintiff Hobby Lobby) from being forced to offer insurance that covers contraception since it violated a federal law protecting religious freedom.

Recently, Indiana passed its own religious freedom law which holds that without a compelling reason to do so, government can not force a business or individual to violate tenets of their religious faith. Many people recognized that the law would permit businesses to refuse to serve Lesbian, Gay, Bisexual, and Transgendered persons if homosexuality was against the business owner’s religion.

An uproar followed. At least two groups canceled conventions that were to be held in the state. More than 800 emails were received from people canceling their trips to events held in the state or choosing a different destination for vacation. Apple CEO Tim Cook called the law a thinly veiled license to discriminate against gays. The state’s governor “clarified” the law by pointing out that it was not meant to allow denial of services to anyone.

Currently there is a bill in the Louisiana (LA) legislature, the Marriage and Conscience Act, hat allows businesses not to recognize same-sex marriages and also allows private companies not to offer benefits to same-sex married coupled based on religious objections. IBM Senior State Executive has written the Governor expressing strong opposition to the bill, indicating such a law would create a hostile environment for current prospective employees and is antithetical to the company’s values. “IBM will find it much harder to attract talent to LA if this bill is passed and enacted into law”, he wrote.

As of this posting, LA’s governor strongly supports the bill. His spokesperson said, “This is a common sense bill that provides necessary protection for individuals to prevent adverse treatment from the state based on religious beliefs regarding marriage.”

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