Thank you Charles Barkley! So true
2015 Enacted Bill: Indiana Religious Freedom Restoration Act (S.B. 568)
View Bill Text as PDF
View Bill Fiscal Summary
SENATE BILL No. 568
A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 34-13-9 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
Chapter 9. Religious Freedom Restoration Act
Sec. 1. (a) As used in this chapter, “burden” means an action that directly or indirectly:
(1) constrains, inhibits, curtails, or denies the exercise of religion by a person; or
(2) compels a person to take an action that is contrary to the person’s exercise of religion.
(b) The term includes:
(1) withholding a benefit from a person;
(2) assessing a criminal, a civil, or an administrative penalty against a person; or
(3) excluding a person from a governmental program or denying a person access to a governmental facility. Sec. 2. As used in this chapter, “compelling governmental interest” means a governmental interest of the highest magnitude that cannot otherwise be achieved without burdening the exercise of religion.
Sec. 3. (a) As used in this chapter, “exercise of religion” means the practice or observance of religion.
(b) The term includes a person’s ability to:
(1) act; or
(2) refuse to act;
in a manner that is substantially motivated by the person’s sincerely held religious belief, regardless of whether the religious belief is compulsory or central to a larger system of religious belief.
Sec. 4. As used in this chapter, “person” means an individual, an association, a partnership, a limited liability company, a corporation, a church, a religious institution, an estate, a trust, a foundation, or any other legal entity.
Sec. 5. As used in this chapter, “state action” means:
(1) the implementation or application of a state or local law or policy; or
(2) the taking of any other action;
by the state or a political subdivision of the state.
Sec. 6. A state action, or an action taken by an individual based on state action, may not substantially burden a person’s right to the exercise of religion, even if the burden results from a law or policy of general applicability, unless the state or political subdivision of the state demonstrates that applying the burden to the person’s exercise of religion is:
(1) essential to further a compelling governmental interest; and
(2) the least restrictive means of furthering the compelling governmental interest.
Sec. 7. (a) A person whose exercise of religion:
(1) has been substantially burdened; or
(2) is likely to be substantially burdened;
by a violation of section 6 of this chapter may assert the violation, or impending violation, as a claim or defense in a judicial proceeding, regardless of whether the state or a political subdivision of the state is a party to the judicial proceeding.
(b) A person who asserts a claim or defense under subsection (a) may obtain appropriate relief from a violation, or an impending violation, of section 6 of this chapter, including relief against the state or a political subdivision of the state. Appropriate relief under this subsection includes any of the following:
(1) Injunctive relief.
(2) Declaratory relief.
(3) Compensatory damages.
(4) Recovery of court costs and reasonable attorney’s fees. SECTION 2. An emergency is declared for this act.
S.B. 127 – Religious Exemption in State and Local Contracts
But if they enact pending RFRA for speech and guns that might well change
GUEST COMMENTARY: RFRA breeds rancor, not faith freedom
Branding of Gov worked in IN. True for every #RFRA really
State and fed should ban LGBTQ discrimination not just cities (not to mention repeal RFRA and restore the First Amendment)
A new state law banning some sex offenders from school grounds violates Indiana’s Religious Freedom Restoration Act, according to a lawsuit filed Wednesday. The new law in question says any “serious sex offender” who intentionally enters school property commits a Level 6 felony. The American Civil Liberties Union filed the lawsuit on behalf of two […]
The Church of Cannabis held its first service on Wednesday, further testing Indiana’s religious freedom laws in a state where recreational and medical use of the drug are prohibited. Weed advocates founded the congregation in March in an effort to get marijuana legalized through the Religious Freedom and Restoration Act, which allows defendants to use […]
The members of the First Church of Cannabis in Indianapolis gathered on Wednesday for the pot-smoking church’s first service. The inaugural service of the First Church of Cannabis happened on the same day that Indiana’s Religious Freedom Restoration Act (RFRA) took effect. The church’s congregation consisted of people wearing colorful shirts with pictures of marijuana […]
Niki Kelly, Sex offenders 1st to use RFRA in lawsuit, The Journal Gazette
Indiana’s economic development agency says it has ended a contract with a New York public relations agency it hired to assess the damage to the state’s reputation after areligious objections law sparked boycott calls. Indiana Economic Development Corp. executive vice president Chris Cotterill said Thursday that national recognition of the state’s business-friendly climate and cost […]
The First Church of Cannabis is suing the State of Indiana and Marion County citing a violation of religious rights protected by the Religious Freedom Restoration Act. Soon after RFRA took effect, the church started holding services and claims that Indiana state laws that makes marijuana illegal puts a “substantial burden” on the church’s exercise […]
The founder of an Indianapolis church that plans to worship with marijuana says the threat of arrest will not deter members. Marion County Prosecutor Terry Curry and IMPD Chief Rick Hite hosted a press conference Friday morning to discuss law enforcement at The First Church of Cannabis’ first service scheduled for July 1. They wanted […]
In ranking humbling moments for politicians, the night that an Indianapolis Pacers crowd jeered Gov. Mitch Daniels still is right up there. Daniels had been in office little more than a year when he showed up at Bankers Life Fieldhouse – then Conseco Fieldhouse – to join a ceremony to retire Reggie Miller’s number. The […]
The fallout from the so-called Religious Freedom Restoration Act continues for Gov. Mike Pence. A women’s political organization has targeted the first-term governor during the 2016 election. Saying Pence is not a friend of women, Washington, D.C.-based EMILY’s List says it will work to ensure he is not re-elected. The group says it has raised […]
Indiana mayors, both Republican and Democrat, are willing to talk about sex and gender. As much was clear at a gathering of city and town leaders this past week in Kokomo that was hosted by the non-partisan Indiana Association of Cities and Towns. Discussions covered a range of issues from tax-increment financing to rules about […]
Where does RFRA drug train stop?
RFRA displaces legislatures on drug availability. Another example of violation of separation of powers.
National women’s group targets Pence for defeat
John Tuoy, Indy’s Cannabis Church finds a home, Indy Star
Indiana mayors, both Republican and Democrat, are willing to talk about sex and gender. As much was clear at a gathering of city and town leaders last week in Kokomo that was hosted by the non-partisan Indiana Association of Cities and Towns. Discussions covered a range of issues from tax-increment financing to rules about carrying […]
Grower Steve Jenkins checks out his marijuana plants at the Botanacare marijuana store ahead of their grand opening on New Year’s day in Northglenn, Colorado December 31, 2013. The world’s first state-licensed marijuana retailers, catering to Colorado’s newly legal recreational market for pot, are stocking their shelves ahead of their January 1, 2014, grand opening […]
Expert guesses 10 more years until marijuana legalization in Indiana
Joe Rey, a grower at 3D Cannabis Center, waters marijuana plants at the company facility in Denver December 31, 2013. Proprietors of the first marijuana retailers licensed to sell pot for recreational use in Colorado, including 3D, were busy rolling joints and stocking shelves with their leafy merchandise on Tuesday, ahead of a New Year’s […]
Gov. Mike Pence has added a fifth person to his taxpayer-funded messaging team in the wake of public relations disasters associated with Indiana’s Religious Freedom Restoration Act and Just IN, his aborted state-run news service. Shelley Triol, a former Indianapolis television reporter who has been a $95,000-a-year spokeswoman for the Indiana Department of Administration, began […]
The Rev. Ron Johnson Jr. of the Indiana Pastors Alliance claimed during his April 27 Statehouse rallythat issues around the Religious Freedom Restoration Act had brought on a “Bonhoeffer moment.” Dietrich Bonhoeffer was a German Lutheran pastor who created an underground seminary in Nazi Germany to train pastors for courageous leadership in dangerous times. However, […]
Musicians unite for album promoting LGBT equality in Indiana
Letter: Indiana law ignores real problems families face
Purdue’s University Senate calls for RFRA repeal
Shop offers free LGBT pride tattoos in protest of Religious Freedom Restoration Act
Indiana Senate Bill 101, “Religious Freedom Restoration Act,” closes the door on homosexuals, opens to discrimination
Portage mayor decides not to sign resolution calling for RFRA repeal
Backlash to Indiana’s religious freedom bill helped my LGBTQ students
Angie’s List, Inc.’s long-time chief executive officer William Oesterle plans to step down from his positions with the company to pursue other interests, including becoming more “civically involved” in the online consumer review company’s home state of Indiana. Oesterle co-founded the company, then known as Brownstone Publishing, LLC, with Chief Marketing Officer Angie Hicks in […]
Poll Shows 6 in 10 Hoosiers Believe RFRA Was Not Needed
Senate GOP Leader: RFRA Was ‘A Good Thing’ For Indiana
State Hires Public Relations Firm In RFRA Aftermath
Letters April 17: Obama and Christianity; RFRA rebuttal
Gov. Pence’s approval ratings tank after RFRA
No one had a clue at the beginning of real agendas
State plans to spend millions to repair image after RFRA
WASHINGTON – Gov. Mike Pence’s opinions on gay rights and religious freedom haven’t changed in two decades of public life. Like many socially conservative Republicans, Pence — who often describes himself as “a Christian, a conservative and a Republican, in that order” — has long argued that special anti-discrimination protections for gays run counter to […]
What a difference a week makes. Last week, we and others were engaged in negotiations to “fix” Indiana’s just-passed Religious Freedom Restoration Act, or RFRA. Today, we can say that while the situation in our state is far from perfect, we ended up in a place that is both historic and significant. We are grateful […]
Wednesday on Boston Herald Radio’s “Morning Meeting,” Sen. Rand Paul (R-KY) was asked about the Indiana religious freedom law. “We have had religious liberty from the very beginning [of this country], Paul explained, which and he suggested the power of persuasion instead of “hitting people over the head with a law or lawsuits.” On the topic of […]
City council members in Portage have approved a resolution asking Indiana state lawmakers to repeal the Religious Freedom Restoration Act. The (Munster) Times reports (http://bit.ly/1HUqSWo ) the Tuesday night vote was 5-2. The state’s new religious objections law has come under criticism that it could sanction discrimination against homosexuals. Republicans scrambled to clarify that businesses […]
It’s territory we can defend and an economic fight we can win. It sounds like Illinois Gov. Bruce Rauner is declaring war on the Hoosier State. Voicing an intention to poach jobs from us, he said he is going to “rip the economic guts out of Indiana. “I am one of the baddest, you know, […]
The fallout from the fight over Indiana’s Religious Freedom Restoration Act (RFRA) continues. Some of the commentary has been thoughtful, and some of it has been histrionic. As the dust settles, however, there are lessons to be drawn for all involved. This morning, I would like to address what are the principal lessons for the […]
Gov. Bobby Jindal (R-La.) on Friday blamed an “unholy alliance” of liberal interests for gutting religious freedom legislation in Arkansas and Indiana. “The liberal elitists believe CNN should have First Amendment freedoms but not small businesses,” Jindal said at the National Rifle Association Leadership Forum in Nashville. “The only freedom I think they engage in […]
Franklin County Commissioners say keeping a “Religious Freedom Restoration Act” out of Ohio is their goal. They passed a resolution Tuesday in their weekly General Session meeting “affirming Franklin County as an open and welcoming county for all residents and visitors.” Commisioner Marilyn Brown said she wants the Ohio General Assembly to refrain from introducing […]
Portage council wants state to repeal RFRA
Native Americans didn’t get peyote through RFRA! Didn’t need it because got ordinary exemptions once asked. Read more in my Cardozo Law Review article. Indiana Gov. Mike Pence (R) vowed to “clarify and fix” his state’s new Religious Freedom and Restoration Act after major corporations threatened to boycott the state. And so he did—by completely gutting […]
Jon Stewart got it then. He gets it now. Jon Stewart is back on The Daily Show, and he had a few choice words for those defending Indiana’s anti-LGBT Religious Freedom Restoration Act. Namely, he blasted the supporters of the bill, formally known as Senate Bill 101, for their use of Nazi and Ku Klux […]
I would like to loudly applaud Nevada and Georgia for declining to drink the RFRA Kool-Aid this year. Smart. All RFRAs are a bundle of negative unintended consequences and bad public policy, as I explain in God vs. the Gavel: The Perils of Extreme Religious Liberty and here. There is no worthwhile fix. Indiana Governor […]
The federal Restoration of Freedom Act was an unfortunate response to a Supreme Court decision. Back when there was more wisdom in the practice of law, meaning back when the profession had more humility, there developed a sage doctrine: Courts should resist ordering “specific performance” when a personal service contract is breached. The idea is […]
Even with no state offices on the ballot, the controversy over the Religious Freedom Restoration Act could have ripple effects at the polls in 2015. Local Democrats say they’ve seen a surge in new voter registrations over the past two weeks, as Indiana became the reluctant center of a national firestorm over gay rights. It’s […]
Greed started in 1993 with first RFRA. Time to return to the First Amendment
Still permits discrimination by employers against employees
The Indiana extreme Religious Freedom Restoration Act (“RFRA”) may have earned attacks from all quarters for its capacity to open the door to discrimination against the LGBTQ community in the economic marketplace, as I discuss here, but the Arkansas RFRA, entitled the “Conscience Protection Act,” is even more extreme. It is Hobby Lobby on steroids. […]
CHILD Inc weighs in on Ark RFRA
Who needs lawmakers when believers can make their own law through RFRA?
Home of a storied women’s basketball program. CT RFRA not as extreme as Indiana’s. First state to boycott Indiana
List of powerful RFRA opponents grows
State of play in active RFRA suits
This + plus Apple + NCAA should put fear in hearts of legislators/governors in every state
Should also motivate the NFL and MLB and Coke to come forward in Atlanta, GA and do the right thing Threatened backlash is real.
NCAA should deliver a message to Arkansas– it has a huge presence in U. Arkansas Razorbacks: many of its teams recruit student athletes from across the country. It also hosts student athletes from all over, who stay in hotels that could discriminate if Arakansas “Conscience Protection Act” is signed.
Yet another voice against state RFRA
University presidents speak out against RFRA
Seattle Mayor Prohibits City Employees From Traveling to Indiana
NBA, Pacers issue statement in response to Indiana’s Religious Freedom Restoration Act law
Indiana Governor: Religious Freedom Restoration Act Won’t Change
RFRA poison pill: NCAA pulls out. Why would they stop w Indiana? If GA or Tx passes a RFRA, won’t take long
RFRA poison pill: NCAA pulls out. Why would they stop w Indiana? If GA or Tx passes a RFRA, won’t take long.
MATT ADAMS – WEB PRODUCER, MATT SMITH AND DAN SPEHLER, http://fox59.com/2015/03/16/house-committee-approves-religious-freedom-bill-in-9-4-vote/ INDIANAPOLIS (March 16, 2015) – After four hours of debate Monday, a House committee passed a controversial religious freedom bill, which would allow Indiana business owners to refuse service to customers based on their religious beliefs. The Religious Freedom Restoration Act, mirrored after federal legislation, passed the House […]
The lawmaker, who serves southern Elkhart, authored a similar proposal in the House.
Extreme claim of the day: can’t be taken to court at all
Tax dollars for discrimination rather than quality Just say no
Let’s not give ourselves or others an excuse to discriminate.
View bill text and fiscal summary
http://www.indystar.com/story/opinion/2015/01/17/abdul-legislature-forget-religious-liberty-bill/21941621/ Imagine that my lovely wife and I decide to try a new restaurant for dinner. However, as soon as we walk in, we’re told that we have to leave because we’re black. Naturally, I do what any red-blooded American would do and exercise my God-given right to sue. So we file a complaint, and […]
An Indiana appeals court recently rejected an environmentalist’s claim of conscience not to mow his lawn. The court’s reasoning is persuasive and should be a model for all claims of conscience, including those about contraception and same-sex marriage.
Ha ha: RFRA’s “careful balance” Fact: New RFRAs are taking an already extreme standard farther
Bill would allow Hoosiers to refuse gay weddings – Crescent-News | Defiance, OH | Crescent-News.com Originally posted at: http://www.crescent-news.com/latest%20headlines/2015/01/04/bill-would-allow-indiana-to-refuse-gay-weddings on January 4th
The bill would protect businesses who refuse services to same-sex couples because of religious beliefs.
Indiana is next
Religious Freedom Restoration Act perils
- State RFRAs
- Prisons and Holt v. Hobbs
- God vs. the Gavel