Arkansas, Indiana Revise Religious Freedom Laws

Indiana courthouse with statue in fron
Arkansas and Indiana have made revisions
to their controversial religious freedom laws.
Image:  Shutterstock
The governors of Arkansas and Indiana have signed into law revisions to their respective religious freedom laws in response to national uproar over the laws’ potential discriminatory effects.

The laws, intended to potect religious freedoms, received criticism from opponents who saw them as a legalized way for businesses to discriminate against LGBT customers.  While the original laws did not specifically mention the LGBT community, many backers have previously shown support for anti-gay marriage legislation.

Arkansas Governor Asa Hutchinson signed the new measure in an effort to have the law more closely reflect a 1993 federal law enacted by President Bill Clinton, the first of the Religious Freedom Restoration Acts.  This amended law was approved 76 to 16 and prohibits state and local government from infringing on someone’s religious beliefs without a compelling cause.

The Indiana version of the law built on the original federal law to allow both individuals and businesses to claim in court that their religious beliefs prevented them from providing goods or services to certain groups.
The Indiana law came under fire from the National Collegiate Athletic Association, which publically raised ethical questions about the scope of the law and its potential for discrimination.  The NCAA has come out in favor of the revision, which states that the law “cannot be used to discriminate against anyone.”
While many businesses announced their approval of the revisions, others are concerned that the law still does not stand as an expressly anti-discrimination law (the anti-discrimination laws currently on the books in Indiana do not address sexual orientation).  Angie’s List, for instance, called the revision “insufficient,” making it the first major local company to reject the deal.  Angie’s List has cancelled plans to expand its Near-Eastside corporate campus, which would have added 1,000
Repercussions of the whole event are likely to continue to affect business both locally and nationally, with big names like Apple CEO Tim Cook expressing concern about the direction such laws take businesses.  In an op-ed in The Washington Post, Cook said that “these bills currently under consideration truly will hurt jobs, growth, and the economic vibrancy of parts of the country where a 21st-century economy was once welcomed with open arms.”

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