Wednesday, July 1, 2015

ACLU: Why we can no longer support the federal ‘religious freedom’ law - The Washington Post

I have previously shared this article (via Twitter) concerning the ACLU's decision to no longer support the federal RFRA but felt it is important enough to warrant it's own post.  In discussing Hobby Lobby, the mRFRAs by various states and the meddling of the U.S. Conference of Catholic Bishops, Melling explains why the ACLU has taken this stance.
The RFRA was passed in 1993 after two Native Americans were fired from their jobs and denied unemployment benefits because they used peyote, an illegal drug, in their religious ceremonies. The Supreme Court rejected a claim they had brought under the Free Exercise Clause of the First Amendment, but Congress disagreed with the justices and enacted the RFRA with near-unanimous support.

The ACLU supported the RFRA’s passage at the time because it didn’t believe the Constitution, as newly interpreted by the Supreme Court, would protect people such as Iknoor Singh, whose religious expression does not harm anyone else. But we can no longer support the law in its current form. For more than 15 years, we have been concerned about how the RFRA could be used to discriminate against others. As the events of the past couple of years amply illustrate, our fears were well-founded. While the RFRA may serve as a shield to protect Singh, it is now often used as a sword to discriminate against women, gay and transgender people and others. Efforts of this nature will likely only increase should the Supreme Court rule — as is expected — that same-sex couples have the freedom to marry.
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Yes, religious freedom needs protection. But religious liberty doesn’t mean the right to discriminate or to impose one’s views on others. The RFRA wasn’t meant to force employees to pay a price for their employer’s faith, or to allow businesses to refuse to serve gay and transgender people, or to sanction government-funded discrimination,,,. It’s time for Congress to amend the RFRA so that it cannot be used as a defense for discrimination. Religious freedom will be undermined only if we continue to tolerate and enable abuses in its name.
ACLU: Why we can no longer support the federal ‘religious freedom’ law - The Washington Post

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