Clarifying RFRA: There is no discrimination

Posted by: Kim Heffner  | Thursday, April 2, 2015

This past Saturday, I attended a Third House meeting in Logansport sponsored by the local Chamber of Commerce. The crowd numbered about 30; a good turnout. Senator Randy Head, Representative Don Lehe and I presented to the group and then fielded questions and comments. Some of the issues included budget and spending priorities, more funding for road maintenance, a concern over infant mortality in Indiana, common construction wage and the local teenage birthrate. All in all, the meeting went well, and I always congratulate those who show up for an early Saturday meeting with their legislators.

Because it came up at the meeting, I want to reiterate my opinion that local roads and streets need more funding for maintenance. I asked for suggestions that were plausible and have not yet received any, so I look forward to hearing your thoughts soon.

I am sure you are aware of the discussion surrounding the Religious Freedom Restoration Act (RFRA). Because there has been such confusion about the law, I want to clarify what RFRA really means for Indiana. I have heard people saying RFRA lets people use their religious beliefs as a defense for discriminating against people they disagree with. That is simply not true.

RFRA establishes a judicial standard state courts must follow when they consider cases where government action is alleged to substantially burden an individual’s exercise of religion. To address the confusion and concern surrounding RFRA, the General Assembly passed Senate Bill (SB) 50, which clarifies RFRA’s intent and application. This has nothing to do with discrimination and we made that abundantly clear with SB 50. RFRA can be used only as a defense against government action.

An example of this is the recent Hobby Lobby case. Obamacare required Hobby Lobby to provide its employees with abortion-inducing drugs against the owners’ religious beliefs. The courts, using federal RFRA standards, ruled that the government was unnecessarily burdening Hobby Lobby and said they did not have to provide drugs because the religious accommodation would not require any of the female employees to do without.

As you can see from that example, RFRA is already in place at the federal level. By making RFRA law in Indiana, our state is aligning itself with the federal standard, along with 30 other states. RFRA has never been used to enable discrimination, either at the federal level or in any of the states that already have RFRA, and does not give business owners a license to discriminate.

RFRA will not and cannot be used to promote discrimination. I am saddened by the misinformation that has been spread about this law, and I hope that the truth will alleviate everyone’s concerns. Hoosiers have never condoned discrimination, and we do not intend to start now.

One of the more unorthodox bills this session was passed out of the Agriculture Committee recently. The equine massage bill was necessary to separate it from veterinary medicine and horse chiropractic. For most of the committee, this was a very foreign conversation to hear. It passed committee and the full House without a single naaay vote! (You knew that was coming, right?)

Senate Bill (SB) 309, dealing with electric utility companies, is a very difficult issue for all of us. The bill defines the way a city or town acquires the electric facilities in an area being annexed by the municipality. It is a process that requires negotiation between the municipality and the Rural Electric Member Cooperative (REMC) or Investor-owned Utility (IOU), but there is no mechanism to make it happen. Therefore, the standoff. The municipalities want some requirement for negotiation, the REMC and IOUs say that the system will work just fine. I can see both sides of the argument and it is a tough call.

Once again, I have a sad note to share. Representative Earl Harris of East Chicago passed recently and his services were held over the weekend. Earl was a good friend of mine and represented his district very well for many years. I have written before that elected officials have more on their plate than public service; they also deal with issues of family, finance, health and death. This is another example of that. Rest in peace, Earl!

This is your state government. Stay in touch.

More later,

Bill Friend

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Rep. Bill Friend represents portions of Cass, Fulton and Miami counties. He also serves as Speaker Pro Tempore.