Author Topic: Connecticut to Boycott Indiana Over RFRA, Forgets It Has Its Own  (Read 681 times)

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rangerrebew

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Connecticut to Boycott Indiana Over RFRA, Forgets It Has Its Own

By Emily Zanotti on 3.30.15 | 1:10PM
 

President Obama isn't the only person who has selective memory when it comes to voting for and passing a Religious Freedom Restoration Act.

This morning, the governor of Connecticut, Dan Malloy, announced that he would be the first governor in the union to sign an executive order limiting state-sponsored travel to Indiana because of Indiana's ostensibly "discriminatory practices." He was so proud of this that he sent not one but two tweets patting himself on the back for his progressive stance on the subject, how he will not allow states to "turn back the clock" on all the progress we've made in the last two decades, and how he is standing up for truth, justice and the American way.



But Governor Dan Malloy has a teeny-tiny problem. Turns out, Connecticut has a RFRA, enacted in 1993, shortly after the Federal government passed theirs. And it's almost identical to the law that Indiana recently passed. It reads, in  part:


(a)   The state or any political subdivision of the state shall not burden a person’s exercise of religion under section 3 of article first of the Constitution of the state even if the burden results from a rule of general applicability, except as provided in subsection (b) of this section.

(b)   The state or any political subdivision of the state may burden a person’s exercise of religion only if it demonstrates that application of the burden to the person (1) is in furtherance of a compelling governmental interest, and (2) is the least restrictive means of furthering that compelling governmental interest.

(c)   A person whose exercise of religion has been burdened in violation of the provisions of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against the state or any political subdivision of the state.

The Washington Post even pointed it out on Friday, when they were taking special interest groups to task for boycotting Indiana but conveniently forgetting to boycott the 19 other states that have their own Religious Freedom Restoration Acts. So unless he's planning on banning state reimbursements for any travel within his own state, he's definitely got a consisentcy problem.

http://spectator.org/blog/62230/connecticut-boycott-indiana-over-rfra-forgets-it-has-its-own
« Last Edit: March 30, 2015, 09:06:43 pm by rangerrebew »

Offline GourmetDan

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Re: Connecticut to Boycott Indiana Over RFRA, Forgets It Has Its Own
« Reply #1 on: March 30, 2015, 09:09:36 pm »
The Washington Post even pointed it out on Friday, when they were taking special interest groups to task for boycotting Indiana but conveniently forgetting to boycott the 19 other states that have their own Religious Freedom Restoration Acts. So unless he's planning on banning state reimbursements for any travel within his own state, he's definitely got a consisentcy problem.

Yeah, but he has a pen and a phone...

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Offline Luis Gonzalez

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Re: Connecticut to Boycott Indiana Over RFRA, Forgets It Has Its Own
« Reply #2 on: March 30, 2015, 09:15:04 pm »
(b)   The state or any political subdivision of the state may burden a person’s exercise of religion only if it demonstrates that application of the burden to the person (1) is in furtherance of a compelling governmental interest.

That compelling governmental interest clause is what is going to be the key in this argument.

The government can make a reasonable argument that it has a compelling interest in disallowing what can be called discrimination by a private business of a class of citizen based on their disapproval of a lifestyle or act that is not illegal in any way.

The State will probably argue that compelling a business to sell to homosexuals does not amount to disallowing the business owners from freely exercising their religion. Those business owners do not have to approve of the lifestyle, they can disapprove and they are not compelled to engage in the lifestyle, but they don't get to discriminate against homosexuals based on their disapproval when engaging in commerce.

IOW...

You are free to belong to the KKK, but you can't put up a sign on the front door of your restaurant that says "n***rs not served".

Expect the Feds to push this over (if needed) by using the Interstate Commerce Clause.
« Last Edit: March 30, 2015, 09:17:08 pm by Luis Gonzalez »
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