Originally posted by 22*43*51:
Originally posted by joelbc1:
THE MEDIA reported the news. That is what the media does. THE MEDIA is not the big evil here rocket......You may not like the message but you don't kill the messenger.
I'm trying to figure out how the Indiana and Arkansas bills language differ from the RRA that has been the law of the land since 1993.
Can you help?
I don't see any difference between the key provisions of the
Federal and Indiana laws. Here they are, you can read them:
[You correct that Indiana's law defines person broadly to
cover busuness entities, however, didn't the Supreme Court in Hobby Lobby give
"person" the same broad definition that is contained in the Indiana
law? If true, than what's the difference
Federal Law
42 U.S. Code § 2000bb-1 - Free exercise of religion protected
(a) In general
Government shall not substantially burden a person's exercise of religion even if the burden results from a rule
of general applicability, except as provided in subsection (b) of this section.
(b) Exception Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person- (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.
(c) Judicial relief
A person whose religious exercise has been burdened in violation of this section may assert that violation as a
claim or defense in a judicial proceeding and obtain appropriate relief against a
government.
Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution.
Indiana Law
Sec. 8. (a) Except as provided in subsection (b), a governmental entity may not substantially burden a person's exercise of religion, even if the burden results from a rule of general
applicability. (b) A governmental entity may substantially burden a person's
exercise of religion only if the governmental entity demonstrates that
application of the burden to the person: (1) is in furtherance of a compelling
governmental interest; and (2) is the least restrictive means of furthering that compelling governmental
interest.
Sec. 9. A person whose exercise of religion has been substantially burdened, or is likely to be substantially
burdened, by a violation of this chapter may assert the violation or
impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the state or any other governmental entity is a party to the proceeding. If the relevant governmental entity is not a party to the proceeding, the governmental entity has an unconditional right to intervene in
order to respond to the person's invocation of this chapter.