Thursday, March 26, 2015

Pence Issues Signing Statement On RFRA

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Amidst an avalanche of criticism, dire consequences and warnings coming from its opponents, Gov. Mike Pence joined 19 other states and the federal government in enacting the state's own Religious Freedom Restoration Act. Here's the statement he issued after signing SB 101 into law:
“Today I signed the Religious Freedom Restoration Act, because I support the freedom of religion for every Hoosier of every faith. 
“The Constitution of the United States and the Indiana Constitution both provide strong recognition of the freedom of religion but today, many people of faith feel their religious liberty is under attack by government action. 
“One need look no further than the recent litigation concerning the Affordable Care Act. A private business and our own University of Notre Dame had to file lawsuits challenging provisions that required them to offer insurance coverage in violation of their religious views. 
“Fortunately, in the 1990s Congress passed, and President Clinton signed, the Religious Freedom Restoration Act—limiting government action that would infringe upon religion to only those that did not substantially burden free exercise of religion absent a compelling state interest and in the least restrictive means. 
“Last year the Supreme Court of the United States upheld religious liberty in the Hobby Lobby case based on the federal Religious Freedom Restoration Act, but that act does not apply to individual states or local government action. At present, nineteen states—including our neighbors in Illinois and Kentucky—have adopted Religious Freedom Restoration statutes. And in eleven additional states, the courts have interpreted their constitutions to provide a heightened standard for reviewing government action. 
“In order to ensure that religious liberty is fully protected under Indiana law, this year our General Assembly joined those 30 states and the federal government to enshrine these principles in Indiana law, and I fully support that action. 
“This bill is not about discrimination, and if I thought it legalized discrimination in any way in Indiana, I would have vetoed it. In fact, it does not even apply to disputes between private parties unless government action is involved. For more than twenty years, the federal Religious Freedom Restoration Act has never undermined our nation’s anti-discrimination laws, and it will not in Indiana. 
“Indiana is rightly celebrated for the hospitality, generosity, tolerance, and values of our people, and that will never change. Faith and religion are important values to millions of Hoosiers and with the passage of this legislation, we ensure that Indiana will continue to be a place where we respect freedom of religion and make certain that government action will always be subject to the highest level of scrutiny that respects the religious beliefs of every Hoosier of every faith.”
It will be interesting to watch and see what the organizations threatening to boycott Indianapolis as a convention city will do now since they can't hardly pick one of the 19 other states to move their conventions and trade shows if they are being true to their word.

UPDATE: Even Miley Virus is raging against Gov. Pence. It's a full frontal Illuminati assault!


You're an asshole @govpenceIN ✌️-1 cc: the only place that has more idiots that Instagram is in politics@braisoncwukong thank you for standing up for what is right! We need more strong heterosexual men fighting for equality in both men and women! Why are the macho afraid to love muchoooo?!?


It looks like Gen Con isn't going anywhere despite all of the table pounding before Gov. Pence signed SB 1 into law. Let's face it, what city in in this country is going to take care of the leaders of these organizations who make the decisions about where to host a convention better than the thick wallet Indianapolis gives to Visit Indy to take care of these folks to make sure they keep coming back year after year? The only other city that "entertains" these decision-makers as lavishly as Indianapolis is Chicago. Sorry, Illinois enacted RFRA quite a few years ago. In fact, a man in the State Senate by the name of Barack Obama voted for it.

18 comments:

Pete Boggs said...

Surely FI has a list of all the organizations who fled neighboring Illinois, when they signed this same legislation...

Eric Morris said...

The world would be much better if he signed the Freedom Restoration Act, which eliminated government altogether.

Anonymous said...

I am inclined to agree that this law will have fewer consequences than liberal types fear (I am one of `those' who appreciates this blog calling things pretty fairly, even if Gary has strong theories and opinions). But context matters. The federal law is 20 years old, and a lot of tastes have changed. It is one thing to raise the ante, another to let some earlier careless legislation continue. Just think---barely a year ago we were talking constitutional amendment, and now we have this, where no one can point to anything other than extremely hypothetical cases where it might be relevant. Hysteria leads to bad legislation, consider the Patriot Act. At best, this is cluttering up the lawbooks. As a comparison, Illinois passed this law in 2012, and all I see are commenters mentioning this fact, without citing any situation where this has made any difference. I would think conservatives would be reluctant to introduce what is likely to be gratuitous legislation.

Anonymous said...

So how exactly will this work when there is a direct conflict with existing law ?

So for example, in order to wear a tight-fitting respirator (rubber with the 2 circular filters on each end) you must be clean shaven. What if the person's religion permits them to wear facial hair ? Can this person be fired for insubordination at the workplace ?

The irony is that Indiana is employment at will and employers can fire you for any reason except "protected activity" which makes the State ultra-business friendly to do whatever they permit to the employer to do nearly whatever they want. This could conflict with the 'employment at will' current labor law.

Anonymous said...

Nonsense Governor Pence.  Nothing but a bunch of double talk talking points you guys are using to justify this discrimination.  Do Republicans in the Statehouse think we can’t read. 16 law professors sent the legislature a legal opinion saying the law would be used to turn customers away from business.  This legislation is being talked about in the national media from every angle and the one Indiana Republicans keep repeating ad nauseum is called a thinly veiled justification for state sanctioned discrimination by business against homosexuals.  No matter how many ways you try to put lipstick on it you can’t obscure its true function.  Is this justification all you have to offer your constituents who no longer believe that this type of discrimination is tolerable.  Gay marriage is the law of the land in Indiana.  How many ways do you plan to punish these homosexuals; to insult them, to belittle them.  These are members of my family.  God didn’t give you the right to insult our young people by authorizing Indiana businesses to deny to serve them, to photograph them, to prepare them food because of their religious beliefs.  It is being used for these purposes in State after State.  In the U.K. a gay couple on holiday showed up at their bed and breakfast and was told by the owners that they couldn’t stay there because it was against their religion to have two men sleep in the same bed in their home.  The couple complained to the board that regulated hotels, and it issued an opinion that the owners right to do business would be revoked.  They could be religious, of course, but once they opened a hotel that catered to the public, they didn’t have the right to pick and choose their customers based on their religious preferences.  You, Mr. Pence, are codifying a law that would, in essence, allow these proprietors, if in Indiana, to turn this couple away, and it isn’t right.  Not for the gay children in my family. If anyone turns away our children away from a business based on these laws the Republicans are passing now I’m going to be loudly indignant.  Its wrong and I kind of resent the intentional mischaracterization and whitewash.  We all know that these religious freedom bills, and at least 5 have been voted down here recently in neighboring States, are aimed squarely at the homosexual community.  They’re some kind of desperate payback for same sex marriage, and they have nothing to do with the original intent of Bill Clinton’s legislation.  And I think its embarrassing that you and the rest voted for it.  Its sad.  If you think you are going to pass ugly legislation targeting our gay children and that I am still going to vote for you you’re mistaken.  I may just be one voice, but I’ll damn well tell you what I think.  This is not the Republican party I know and it has nothing to do with fiscal conservatism.  Its ugly, hateful discrimination because somewhere someone wants to tell a gay person they won’t bake a wedding cake for "their kind".  And you signed it.  Is that really what you think Jesus would do?  You’ve just lost my respect.  

Anonymous said...

"Gay marriage is the law of the land in Indiana."

What's the cite in the Indiana Code for it?

Pete Boggs said...

Cyrus is a member of the il-literati; inarticulate vomitribe.

Anonymous said...

I'd say that getting insulted by Miley Cyrus would be a badge of honor.

Guest said...

The minority mafia lost any support I had when they decided to demand marriage instead of CIVIL UNIONS. That in itself made me realize it wasn't about marriage it was about an agenda against religious beliefs. And to further rile you up, you are being used by the extremist communists/Marxists to further the real transformation of America. Sorry, you are a minority and most people do not care about your bedroom activities but we do care that you demand we give up our beliefs for your sexual proclivities which you want to name marriage. People know gay individuals and have them as friends not judging them and liking them but you have transformed this into a hate issue. The real problem is your agenda. Leave us alone, live as you want and leave us out of it. We really do not care what you do in your personal lives, nor do we hate you. This mess is your fault not ours. So why are you surprised about the push back. By the way, just stop it trying to turn the argument as though this is something we started.

Anonymous said...

In answer to anon and gas masks...the employee must be clean shaven as this is required for a good fit on that device. There is case law already on this...

Anonymous said...

This morning's Star News showed a picture of several people with Pence at the signing of the bill. Pence's office released the photo but refused the name the people in the picture. Why the secrecy? So much for transparency.

Pete Boggs said...

Hint for Anon 7:54: They're not back up singers for Smiley Virus.

Anonymous said...

The picture looks like a bunch of cultists who pressured Pence to do something to offset their paincreatis. Shades of Jim Jones.

Anonymous said...

Sieg Heil Guvenor Pence. Sounds like the Nuremburg Law of pre-war Nazi Germany (also see "Law for the Restoration of the Professional Civil Service" in 1933) which were anti-Jew. Mississippi and Arkansas are both looking more appealing and a "better place to live". Homophobia is alive and well in Indiana.

Anonymous said...

I looked up the Bill of Rights. First and Ninth looked interesting.

First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petitition the Government for a redress of grievances.

Ninth Amendment
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

Josh said...

In the name of tolerance, open mindedness, progress, and equality we're going to force you and your business to participate and condone others sin.

Anonymous said...

I was on the fence about RFPA until Sulu and Hanah Montana came out against it. I have seen the light and now am also against it.

A Visitor said...

To those wondering who those are in the photo: I met many of them (I'm a 4th Degree Knight in the Knights of Columbus). The nuns in the brown habits and the brothers in the brown cloaks are members of two Catholic religious orders. I forget the name of their respective orders but I know the brothers are based out of Fort Wayne. They were probably invited for the photo signing because they testified before the General Assembly about the bill. We served them dinner the night before they testified.