Reply to Indiana's Religious Freedom law

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[quote=Anonymous][quote=Anonymous]The full text is available at http://www.indystar.com/story/news/politics/2015/03/27/text-indianas-religious-freedom-law/70539772/ and the language is a little painful to parse, but basically, what it does is create a defense against any lawsuit or prosecution that you did/didn't do whatever you're being accused of because of your religious beliefs.

In the face of anyone who raised such a defense, the government would have to show that forcing them to do/not do whatever is claimed to be a violation of their religious beliefs is "(a) in the furtherance of a compelling government interest and (b) the least restrictive means of furthering that compelling government interest."

So, if you consider yourself a good Christian restaurant that is opposed to the evils the "homosexual lifestyle," (say, Cracker Barrel), you could refuse to serve a male couple that came in holding hands and being affectionate on the grounds that having such behavior in your restaurant violated your religious beliefs, even though you would permit a heterosexual couple to engage in the same behavior.

[b]If you were sued/prosecuted for discrimination based on such an exclusion, the plaintiff/government would have to prove that forcing you to serve that homosexual couple was both in the furtherance of a compelling government interest and the least restrictive means of furthering that compelling government interest.[/b]

The compelling interest standard is the highest possible standard that the government can be held to, and it's frequently difficult to achieve.  
[/quote]

This is my issue with the law.  Its puts the burden on the plaintiff/government.  The burden should be on the person relying on the exemption, otherwise it just becomes a free pass to discriminate against anyone using religion as an excuse.  In any case, I suspect that this law wont be on the books for very long - the state's economy will take a hit and then the backtracking will begin.[/quote]

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