Indianapolis, Ind., Jan 16, 2016 / 16:54 pm
A proposed law in Indiana would replace the state's Religious Freedom Restoration Act with language that its advocates say is clearer in protecting religious liberty and certain other rights.
The measure, Bill 66, omits the amendment Indiana Gov. Mike Pence added to the Indiana Religious Freedom Restoration Act last April after intense backlash from critics, who called it "anti-gay" and threatened to boycott the state.
The amended "fix" stated that the religious freedom law would not permit discrimination for services, housing or employment based on sex, religion, disability, sexual orientation and gender identity.
Bill 66 does not include this stipulation, which some proponents of religious freedom believed to undermine the law's purpose, leaving them vulnerable to legal attacks.
Like the Religious Freedom Restoration Act, the proposed new law would require "strict scrutiny" as the appropriate level of judicial review for legal challenges involving religious freedom. As a result, courts would evaluate cases based on certain strict criteria: Government may not place a substantial burden on free exercise of religion unless there is a compelling state interest for doing so, and the least restrictive means are used.