What began 20 years ago as a bipartisan drive to protect the rights of people to follow their faith against an overbearing government erupted this week into a divisive dispute over gay rights and religious freedom.
And the fracture can be traced back to two recent moves by the Supreme Court that set up an unusual legal crosscurrent between liberals and conservatives.
By overturning a key provision of the federal Defense of Marriage Act in 2013, the court set in motion a string of rulings across the nation that voided state laws banning same-sex marriage. By this June, a majority of justices is widely expected to legalize gay marriage nationwide.
At the same time, the Supreme Court ruled in another case last year that the family owners of the Hobby Lobby craft-store chain had a religious-liberty right to refuse to offer contraception coverage for its employees.
So while the marriage ruling opened the door for expanded protections for gays and lesbians, the Hobby Lobby decision offered new tools for those opposed to such moves.
Conservatives applauded the 5-4 Hobby Lobby ruling, which was based on the Religious Freedom Restoration Act signed by President Clinton in 1993. The law originally aimed to protect the Amish, Native Americans and others whose religious practices ran afoul of local or state laws says the "government shall not substantially burden a person's exercise of religion."
But the court's conservative majority defined "person" to include profit-making companies. Justice Ruth Bader Ginsburg, speaking for the liberal dissenters, called it a "decision of startling breadth" that gives "commercial enterprises, including corporations" a right to ignore laws that conflict with their owners' religious views.
Armed with the Hobby Lobby ruling and concerned that their statewide bans against same-sex marriage were in danger, conservative lawmakers in Indiana, Arkansas and other states adopted their own versions of the federal religious-freedom law.
Some conservatives hoped the 1993 law would protect religious-minded individuals and businesses from legal mandates on gay marriage that they said would violate their faith. The most commonly cited example was a religious baker who did not want to be forced to make a cake for a gay wedding.
Using the Hobby Lobby precedent, some states broadened the scope of the federal religious-liberty law which dealt with conflicts between the government and individuals and defined a protected person to include a business, company or corporation. That small change created a large concern.
Read the original post:
Backlash against religious freedom laws helps gay rights in Indiana, Arkansas
- if democracy and freedom got in the way of making money in the USA would they be eradicated? - November 8th, 2009 [November 8th, 2009]
- 1984 by George Orwell? - November 8th, 2009 [November 8th, 2009]
- Propaganda in 1984 by George Orwell? - November 8th, 2009 [November 8th, 2009]
- If America supports freedom and democracy, why have we done the following? - November 8th, 2009 [November 8th, 2009]
- Another fine example of Bush supporting freedom and democracy? - November 8th, 2009 [November 8th, 2009]
- Do you think that people have the right to the freedom of thought without influence anymore? - November 8th, 2009 [November 8th, 2009]
- Forrest Gump - Need a thesis relating to freedom and democracy? - November 8th, 2009 [November 8th, 2009]
- 1984 by George Orwell’s statement? - November 8th, 2009 [November 8th, 2009]
- How do you spread freedom and democracy without being in contradiction with the terms? - November 8th, 2009 [November 8th, 2009]
- What’s the difference between democracy and freedom? - November 8th, 2009 [November 8th, 2009]
- 3. The American Solution - November 8th, 2009 [November 8th, 2009]
- 4. Relating to Images - November 8th, 2009 [November 8th, 2009]
- 5. Representing Images - November 8th, 2009 [November 8th, 2009]
- 6. Exploring Images - November 8th, 2009 [November 8th, 2009]
- 7. Understanding Images - November 8th, 2009 [November 8th, 2009]
- 8. Acting Upon Images - November 8th, 2009 [November 8th, 2009]
- 9. The Paradigm Shift to Generativity - November 8th, 2009 [November 8th, 2009]
- 1. Totalitarianism and Variability - November 8th, 2009 [November 8th, 2009]
- 2. Freedom and Changeability - November 8th, 2009 [November 8th, 2009]
- 3. The Freedom Culture - November 8th, 2009 [November 8th, 2009]
- New Web Special: China and 60 Years of Communist Party Rule - November 8th, 2009 [November 8th, 2009]
- Cuban Regime Intensifies Opposition Crackdown with Sham Trial - November 8th, 2009 [November 8th, 2009]
- Postponing Dalai Lama Meeting Sends Wrong Message - November 8th, 2009 [November 8th, 2009]
- Freedom House Sends High-Level Delegation to Egypt - November 8th, 2009 [November 8th, 2009]
- Detained Syrian Opposition Figure Must Be Immediately Released - November 8th, 2009 [November 8th, 2009]
- Activist's Upheld Conviction a Troubling Sign for Justice in Kazakhstan - November 8th, 2009 [November 8th, 2009]
- Tunisia's Electoral Process Severely Damaged by Pre-Election Rights Violations - November 8th, 2009 [November 8th, 2009]
- Lifting of EU Arms Embargo on Uzbekistan Sends Wrong Message on Human Rights - November 8th, 2009 [November 8th, 2009]
- Pakistan Assembly Urged to Reject Restrictive Amendments to Press Law - November 8th, 2009 [November 8th, 2009]
- Freedom House Launches Web Feature on Fall of Berlin Wall - November 8th, 2009 [November 8th, 2009]
- Resolutions on Defamation of Religions Do Not Belong at United Nations, Organizations Say - December 13th, 2009 [December 13th, 2009]
- Bloggers' Jailing Threatens New Media's Emergence in Azerbaijan - December 13th, 2009 [December 13th, 2009]
- Support Chinese Human Rights Activists, Freedom House Tells Obama on Eve of Visit - December 13th, 2009 [December 13th, 2009]
- UN Should Pass Resolution Condemning Iran Human Rights Abuses - December 13th, 2009 [December 13th, 2009]
- Congress Urged to Lift Ban on U.S. Travel to Cuba - December 13th, 2009 [December 13th, 2009]
- Filipino Massacre Reflects Climate of Impunity - December 13th, 2009 [December 13th, 2009]
- Switzerland Vote Disappointing Blow to Religious Freedom - December 13th, 2009 [December 13th, 2009]
- Freedom House Launches Campaign to Defend Freedom of Expression - December 13th, 2009 [December 13th, 2009]
- Poll Shows Zimbabweans Want Elections and Democratic Constitution - December 13th, 2009 [December 13th, 2009]
- Clinton Speech Signals Greater Emphasis on Human Rights in U.S. Policy - December 16th, 2009 [December 16th, 2009]
- The Prosperity Problem - January 5th, 2010 [January 5th, 2010]
- Freedom in the World 2010: Global Erosion of Freedom - January 12th, 2010 [January 12th, 2010]
- Freedom House Congratulates Memorial on Human Rights Award - January 13th, 2010 [January 13th, 2010]
- Recent Blogger Arrests a Troubling Trend in the Middle East/North Africa Region - January 13th, 2010 [January 13th, 2010]
- Freedom House Calls Upon the Government of Uzbekistan to Release its Jailed Activists - January 13th, 2010 [January 13th, 2010]
- Citing Iran Crackdown, Freedom House Launches Net Freedom Initiative - January 13th, 2010 [January 13th, 2010]
- Google Response to Chinese Cyber-Attacks Appropriate - January 14th, 2010 [January 14th, 2010]
- Ombudsman Statements Reflect Culture of Intimidation in Chechnya - January 15th, 2010 [January 15th, 2010]
- Bloggers Stifled Again in Egypt - January 15th, 2010 [January 15th, 2010]
- Google Applauded for Stance on China Internet Censorship - January 16th, 2010 [January 16th, 2010]
- Latest Convictions Reflect Crackdown on Freedom of Expression and Association in Vietnam - January 21st, 2010 [January 21st, 2010]
- Integrity of Elections in Sri Lanka Endangered, Says Freedom House - January 22nd, 2010 [January 22nd, 2010]
- Freedom House Welcomes Clinton Speech on Internet Freedom - January 23rd, 2010 [January 23rd, 2010]
- Group wants same military benefits for gay spouses - Washington Times - March 8th, 2010 [March 8th, 2010]
- Va. health bill could foil Obama proposal - Boston Globe - March 8th, 2010 [March 8th, 2010]
- THE VA FIRST INTERNAL EVIDENCE OF CHANGE FOR GULF WAR VETERANS OF 1990-91 DOES ... - Veterans Today Network - March 8th, 2010 [March 8th, 2010]
- Freedom Driver System Receives Medical Device CE Mark - Today's Medical Developments - March 8th, 2010 [March 8th, 2010]
- NxStage Announces New FREEDOM Data Showing the Positive Impact of its Daily ... - CNNMoney.com (press release) - March 8th, 2010 [March 8th, 2010]
- Phil Lewis: Coach fumbles lesson on freedom of the press - Naples Daily News - March 8th, 2010 [March 8th, 2010]
- Report: Prescription drug prices vary drastically in NY - Poughkeepsie Journal - March 8th, 2010 [March 8th, 2010]
- Bill Bell: Surgeon models success on international scale - Whittier Daily News - March 8th, 2010 [March 8th, 2010]
- Justin Trottier: Time to call time on homeopathy - National Post (blog) - March 8th, 2010 [March 8th, 2010]
- Voice of the Day Initiative would aid rights of patients - News-Leader.com - March 8th, 2010 [March 8th, 2010]
- Free Speech under Attack in Morocco - March 11th, 2010 [March 11th, 2010]
- Freedom House, Russian Rights Groups Announce New Partnership - March 11th, 2010 [March 11th, 2010]
- Egyptian Government Must Live Up To Its Human Rights Commitments in Geneva - March 11th, 2010 [March 11th, 2010]
- Global Human Rights Advocates Meet With President Obama on U.S. Human Rights Agenda - March 11th, 2010 [March 11th, 2010]
- Death of Political Prisoner in Cuba Exposes Systemic Prison Maltreatment and Torture - March 11th, 2010 [March 11th, 2010]
- New Study Finds Gains for Women's Rights in the Middle East - March 11th, 2010 [March 11th, 2010]
- Egyptian Government Continues to Use Emergency Law to Crack Down on Freedom of Speech - March 11th, 2010 [March 11th, 2010]
- Human Rights Advocates Issue Plan of Action as Human Rights Council Meets in Geneva - March 11th, 2010 [March 11th, 2010]
- Sri Lankan Government Heightens Intimidation Campaign Against Voices of Dissent - March 11th, 2010 [March 11th, 2010]
- Nigerian and Indonesian Activists Challenge Repressive Measures in "Defamation of Religions" Debate - March 11th, 2010 [March 11th, 2010]
- Healing Healthcare: Restore Medical Freedom - Gather.com - March 15th, 2010 [March 15th, 2010]
- Putting the "I" back in medicine - McGill Daily - March 15th, 2010 [March 15th, 2010]
- Freedom House Calls on Kyrgyz Government to Loosen Controls on Media - March 16th, 2010 [March 16th, 2010]
- Talking Points - FOXNews - March 17th, 2010 [March 17th, 2010]
- The Battle Over Health Care At America's Medical Schools - FOXNews - March 17th, 2010 [March 17th, 2010]
- News Article Ceremony Honors Fallen Medical Servicemembers - Department of Defense - March 17th, 2010 [March 17th, 2010]
- Vietnam Temporarily Frees Prominent Catholic Priest - Christian Post - March 17th, 2010 [March 17th, 2010]