Indiana's Religious Freedom Restoration Act Needs Fixing, says Gov. Mike Pence

Indiana Governor Mike Pence yesterday proclaimed that the Indiana's Religious Freedom Restoration Act needs to be fixed.

The Indianapolis Star reported that legislative and business leaders have worked out to place language in the state's ill-starred Religious Freedom Restoration Act.

As per the clarifications the new 'religious freedom' law does not provide authority to a provider to refuse to offer or provide its service, facilities, goods, or public accommodation to any member of the public based on sexual orientation or gender identity.

The provider also cannot discriminate its service to any race, color, religion, ancestry, age, national origin, disability, sex, or military service.

The proposed language exempts churches and other nonprofit religious organizations including affiliated schools, from the definition of provider.

"We need full protection from discrimination against all LGBT Hoosiers across the state and a guarantee that this RFRA cannot be used to undermine any nondiscrimination protections ", Katie Blair, a campaign director for Freedom Indiana, a leading gay-rights group, told the Star.

Some say that the new language requires careful parsing. Pence and other supporters of the original bill stayed adamant on the point that the act is not a license to discriminate.

They said that these laws are instructions to courts on how to asses claims for religious exemptions to a wide variety of law.

These laws lay out (1) w ho can use the law; (2) what kinds of cases it will apply to; and (3) what standard the court will use to decide whether the claimant has a right to an exemption, they said.

The Indiana law is far broader than the federal Religious Freedom Restoration Act. It provides religious protection to more businesses than the federal statute does. It clearly provides a defense in actions between private parties.

Apart from this it allows businesses or individuals to challenge legal actions even before they happen.