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Thursday, April 2, 2015

Amendments to Indiana's Religious Freedom Restoration Act Reverse the Damage. And...

The proposed amendments to Indiana's reactionary RFRA act say:

Sec 0.7. This chapter does not:
(1) authorize a provider to refuse to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public on the basis of race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service;
(2) establish a defense to a civil action or criminal prosection for refusal by a provider to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public on the basis of race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service; or
(3) negate any rights available under the Constitution of the State of Indiana 
Sec 0.7.5
As used in this chapter, "provider" means one (1) or more individuals, partnerships, associations, organizations, limited liability companies, corporations, and other organized  groups of persons. This term does not include:
(1) A church or other nonprofit religious organization or society, including an affiliated school, that is exempt from federal income taxation under 26 U.S.C.,501(a), as amended (excluding any activity that generates unrelated business taxable income (as defined in 26 U.S.C.512, as amended).
(2) A rabbi, priest, preacher, minister, pastor, or designee of a church or other nonprofit religious organization or society when the individual is engaged in a religious or affiliated educational function of the church or other nonprofit religious organization or society.

Clearly, the amendment if passed will remove the fangs off the so called Religious Freedom Restoration Act. It seems to put the new Indiana law on a basis more akin to what exists in 20 other states and subtracts the attempt to capitalize on the Hobby Lobby SCOTUS decision.

These are the main things found when reading this amendment.

a) The new law will no longer supersede state or local laws banning anti-gay discrimination
b) The new law now no longer takes advantage of the Hobby Lobby decision
c) The changes do not apply to religious groups
d) This amendment does not grant any new civil rights to LGBTQ in Indiana

So if passed, the worst damage will be averted.

And yet...

Like the fairy tale musical "Into the Woods" warns, be careful what you wish for, because in this modified act, we do see improvements on what could have been a highly discriminatory environment in public settings.

And yet, there still is no civil rights protection in Indiana for LGBTQ.

Your employer can still fire you for coming out of the closet or legally marrying the person you love.

The religious affiliated hospital which might be the only facility in your town can still refuse to offer you the proper treatment or give access to your same gender spouse.

A religious affiliated nursing home or hospice can deny access to your same gender spouse.

So yes, the wolf may be dispatched should this amendment be passed. But what we are reminded of is because there is no federal law, in 27 states in 2015, your livelihood and access to treatment and your spouse may just be a fairy tale. 










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