After the Supreme Court ruled in 1997 that the RFRA applied only to the federal government, states responded with mini-RFRAs requiring this “compelling government interest” test in their religious liberty cases. Of these, Indiana’s RFRA is the 20th.
There is no excuse for refusing to serve a lesbian couple at a restaurant and to my knowledge no state RFRA has ever been used to justify such discrimination. But if we favor liberty for all Americans (and not just for those who agree with us), we should be wary of using the coercive powers of government to compel our fellow citizens to participate in rites that violate their religious beliefs. We would not force a Jewish baker to make sacramental bread for a Catholic Mass. Why would we force a fundamentalist baker to make a cake for a gay wedding?
For as long as I can remember, the culture wars have been poisoning our politics, turning Democrats and Republicans into mortal enemies and transforming arenas that used to be blithely bipartisan into battlegrounds between good and evil. Now our battles over “family values” are threatening to kill religious liberty. And liberals do not much seem to care.
Read it all.
(USA Today) Stephen Prothero–Indiana needs to Find the Right balance
After the Supreme Court ruled in 1997 that the RFRA applied only to the federal government, states responded with mini-RFRAs requiring this “compelling government interest” test in their religious liberty cases. Of these, Indiana’s RFRA is the 20th.
There is no excuse for refusing to serve a lesbian couple at a restaurant and to my knowledge no state RFRA has ever been used to justify such discrimination. But if we favor liberty for all Americans (and not just for those who agree with us), we should be wary of using the coercive powers of government to compel our fellow citizens to participate in rites that violate their religious beliefs. We would not force a Jewish baker to make sacramental bread for a Catholic Mass. Why would we force a fundamentalist baker to make a cake for a gay wedding?
For as long as I can remember, the culture wars have been poisoning our politics, turning Democrats and Republicans into mortal enemies and transforming arenas that used to be blithely bipartisan into battlegrounds between good and evil. Now our battles over “family values” are threatening to kill religious liberty. And liberals do not much seem to care.
Read it all.