RFRAs Don't Need Fixing
With all the bullying and intimidation, Republican Governor Pence caved. On April 2, he signed into law what has become known as a “fix” for the RFRA. From my perspective and that of experts on this subject, this was no “fix,” unless you are meaning “fix” as “We took our dog to the vet and got him fixed.” If that’s how you’re using the term, then I might agree. The so-called “fix,” at best, neutered Indiana’s RFRA and, at worst, may have made it even worse for Christians in business in that state.
First a reality-check that gets past the hysteria. State RFRAs don’t give rights to anyone. They basically say the government cannot substantially burden a person’s constitutional right to religious freedom unless the government can show a compelling interest to do so and uses the least restrictive means to support that interest. It would be nice if the federal RF ...