Reform Jews ‘deeply concerned’ by Indiana’s RFRA

religious action center of Reform JudaismWASHINGTON, D.C. (Press Release) – In the aftermath of Governor Mike Pence of Indiana signing a statewide Religious Freedom Restoration Act, Rachel Laser, Deputy Director of the Religious Action Center of Reform Judaism, released the following statement:

“We are deeply concerned by the Indiana Religious Freedom Restoration Act (RFRA), which highlights the broad, damaging effects of the Supreme Court’s decision in Burwell v. Hobby Lobby on religious freedom and the way we understand the federal and state RFRAs. This Indiana law, unlike federal RFRA, codifies the notion that for-profit corporations may avail themselves of the religious freedom rights formerly only accorded to individuals and religious non-profits. In fact, it goes even further than the Hobby Lobby decision because it extends this right beyond closely held corporations to all corporations.

Indiana does not have a statewide non-discrimination law that protects LGBT people. This law now enacts what could be an affirmative right to discriminate. As the Indiana RFRA takes effect, we sadly anticipate that some for-profit corporations will use this legislation to exempt themselves from a variety of laws, including key non-discrimination provisions. It allows for the very scheme Justice Ginsburg warned of in her Hobby Lobby dissent—one where corporations have exemptions from the much-needed safeguards of civil rights laws.

We remain profoundly committed to ensuring that all people may live according to the teachings of their faith. Our nation’s dedication to religious freedom has allowed religious minorities, including Jews, to flourish across America. This history inspires us to speak out – not only to ensure that individuals and religious communities can freely practice and observe their faith – but also to fight discrimination against other minorities. The federal RFRA under which Hobby Lobby was brought was intended to restore Supreme Court jurisprudence that had long protected individuals from government laws that substantially burdened their religious beliefs – always in counterbalance with compelling government interests. If interpreted and applied as intended, federal and state RFRAs meet an important goal of ensuring key freedoms. When they are used to exempt otherwise responsible parties from key non-discrimination laws, both the utility of and our trust in these laws falter.

Over the course of our nation’s history, we have seen the government and a fair, protective legal system play a key role in the journey toward equality and justice for minorities and oppressed groups. We can protect fundamental religious freedoms while ensuring that the LGBT community, as well as other communities in need of protections, are treated with dignity and respect in all aspects of public life.”

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Preceding provided by the Religious Action Center of Reform Judaism

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