Indiana Gov. Pence is now backpedaling on Indiana's discriminatory religious freedom act.
Pence is calling for clean up legislation to change the new law to say it "doesn’t discriminate against anyone." He is blaming the press and everyone else for misrepresenting the law. He is repeating over and over again that he doesn’t think the law was written to discriminate. He is also repeating over and over again that the Indiana law is no different than federal law. On both points he is wrong.
First, if it wasn’t intended to allow businesses to discriminate then there certainly wouldn’t have been a reaction by both businesses who refused to discriminate and those who saw relief in the law. Businesses were posting signs saying they serve everyone and corporations were threatening to stop doing business in Indiana.
Second, the Indiana law differed from federal law, especially important where Indiana does not have a nondiscrimination against gays law as do other states. Pence claims that the Indiana law mirrors the federal law.
The problem with this statement is that, well, it’s false. That becomes clear when you read and compare those tedious state statutes. If you do that, you will find that the Indiana statute has two features the federal RFRA—and most state RFRAs—do not. First, the Indiana law explicitly allows any for-profit business to assert a right to “the free exercise of religion.” The federal RFRA doesn’t contain such language, and neither does any of the state RFRAs except South Carolina’s; in fact, Louisiana and Pennsylvania, explicitly exclude for-profit businesses from the protection of their RFRAs.
The new Indiana statute also contains this odd language: “A person whose exercise of religion has been substantially burdened, or is likely to be substantially burdened, by a violation of this chapter may assert the violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the state or any other governmental entity is a party to the proceeding.” Neither the federal RFRA, nor 18 of the 19 state statutes cited by the Post, says anything like this; only the Texas RFRA, passed in 1999, contains similar language. (Garrett Epps, The Atlantic)
Governor Pence is obviously either not intelligent or perceptive enough to understand what the intent of the law was. A clear majority of others, including corporations and businesses, knew exactly what the legislature intended when they passed the law. Other state governors and mayors were boycotting Indiana.
No matter how much blaming and justifying Pence does, it is clear that everyone else knew exactly the intent of the law. If Governor Pence can't see that, maybe he should find another line of work. There's still room in the GOP clown car.
No matter how much blaming and justifying Pence does, it is clear that everyone else knew exactly the intent of the law. If Governor Pence can't see that, maybe he should find another line of work. There's still room in the GOP clown car.
Just one day more...