Indiana’s RFRA was passed on March 26 of 2015. This Religious Freedom Restoration Act allows individual and businesses to practice their religious beliefs without being punished for their action in court. In addition, it also protects businesses from other religious owners. After the act was passed, many people protested against the act because they are saying that this law discriminate against LGBT people. Many businesses in Indiana are denying LGBT people service and their action are justify because of Indiana’s RFRA. Indiana 's RFRA should be unconstitutional because it violates the 14th Amendment Equal Protection Clause and religion should not override laws.
Every individuals in the United States have equal protection under the law. However, Indiana 's RFRA allows businesses to discriminate against the LGBT community. It allows business owners whose religion does not tolerate homosexuals to not serve LGBT people. This violates the Equal Protection Clause in the 14th Amendment because not everyone in Indiana is treated
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In Indiana’s defense, some might say that Indiana’ RFRA is mirrored from the federal RFRA, where it protect people’s religious freedom and doesn’t specifically discriminate against LGBT people. However, the federal RFRA was intended to protect individual’s religious freedom from government intervention unless there was a compelling interest. On the other hand, Indiana’s RFRA protects private companies religious freedom and it justifies discrimination based on the name of religion.
Overall the LGBT community should have rights that everyone have and laws that discriminate should be outlaw including Indiana 's RFRA. It discriminate against LGBT by letting religious business owner to deny LGBT people service and excluding them from the rest of the society. The LGBT community deserve equal treatment like the rest of the community by the law from both federal and state, they should not be discriminated because of other people’s religion or
Karina Dyal PHIL 340: Ethics and Law Legal Brief Assignment—Lawrence v. Texas 04/01/17 Case: Bowers v. Hardwick (1986) Facts: Oral and anal sex between two individuals from the same gender was deemed illegal—implemented through a Georgia statute. Hardwick who was an adult male, was charged in 1982 for violating the statute by engaging in sexual activities with another male in his home. The case was not pursued by the District Attorney, who also decided to not have the case presented before a grand jury. Hardwick went to the federal district court where he questioned the statute’s constitutionality. Issue: Does the U.S. Constitution give homosexual individuals the fundamental right to have sexual intercourse, and therefore renders the laws
The RFRA prohibits the government from substantially burdening religious free exercise unless it must do so to further a compelling government interest. Hobby Lobby vs. Burwell referenced RFRA, as the corporation believed that the health-insurance coverage they were mandated to provide to their employers violated “their sincerely held religious beliefs.” (Hobby Lobby, 1). Hobby Lobby is a family-owned corporation that believes that providing contraception is morally wrong. Similarly, Bridges, the sole owner of the Paradise Found corporation, subscribes to a religion of which a primary tenet is that polygynous marriage, specifically marriage of one man to multiple women, is a mechanism of expressing strongly held religious convictions.
HB 1523 is discriminatory in that it singles out a select group of people, and it is contradictory to claims that it protects the religious rights of Christians. The only religious right of a Christian is to love God and his fellow man, and HB 1523 protects neither of those rights. The bill is little more than a cynical and biased shell game perpetuated by selective beliefs that are anything but Christian. The very idea that such a bill could surface in what a growing number of Mississippians were beginning to hope and believe was
Obergefell v Hodges 2015 Obergefell v Hodges (2015) is a landmark 5 to 4 decision in favor of legalizing gay marriage. James Obergefell petitioned the state 's ban on same sex marriage. He argued that it is a fundamental guaranteed under the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment.
Hobby Lobby feels like this law is violating their religious rights. This is important regarding corporate rights because Hobby lobby does not have to pay severe fines. This was a victory for small family owned business because they all were granted their religious rights and freedom to express their rights in their
1. The Articles of Confederation had many problems that arose, especially with the national government. States were only issued to have one vote no matter what their population was, support for legislation had to be kept private, and the states had their own power. The Articles of Confederation did not let the national government ask for money, making it harder to achieve all the responsibilities. Individual state governments did not have to agree with any troop requests and could refuse to raise an army.
Hence there is no discrimination. However, the point that the Supreme Court seems to be missing is the freedom of personal liberty. (“Life, Liberty of Property without due process of Law”)While the object of the 14th amendment was to enforce absolute equality, it included personal liberty. If the amendment is enforced in its true meaning, it means to protect all civil rights that pertain to freedom and citizenship. Liberty consists of the power to move around and follow one’s own will under without any restraint unless prohibited by law.
While the court was making their decision, they had many factors to think about. The big questions was; does the Fourteenth Amendment require states to license a marriage between two people of the same sex? And they ultimately found out that denying same-sex marriage does indeed violate the Fourteenth Amendment. The court also discussed 4 main principles. The first being the right to personal choice, as it relates to marriage, it’s a concept of individual freedom.
Holding Yes, Amendment 2 prevents protects for homosexuals or bisexuals was struck down because it was not rationally related to a legitimate state interest. Rule Of Law Supreme Court ruling made it clear that lesbians, gay men and bisexuals have the same rights
Dobson’s words can resonate with young and older Christians. The politically correct, liberals, or the Christian left may perceive his words to be ungracious and condemning; whereas, the word of God clearly dictates acts that are sinful and should not be tolerated (Galatians 5: 19-21). Dobson challenges Christians to stand up as Jesus did since truth by nature is intolerant of falsehood. If being intolerant means agreeing with condemning abhorrent behavior as God mandates in the scriptures (e.g., homosexuality, abortion, sexual perversion), then yes, it is okay to be intolerant. Tolerance is not encouraged in the Bible considering God is not tolerant; ergo, tolerance in itself is not loving, since tolerance denies justice (Kruger, 2013).
Under the Affordable Care Act, employers have to provide health care for their employees at no cost (Fuller, 2014). Along with Conestoga Wood Specialities, Hobby Lobby felt like this law was violating their religious freedom under the Religious Freedom Restoration Act (Fuller, 2014). The Religious Freedom Restoration Act (RFRA) of 1993 states that the government cannot restrict an individual’s religious freedom (Hobby). More specifically, the issue at hand in the lawsuit against the Health and Human Service (HHS) Mandate, was whether for-profit corporations have a right to exercise their religious freedom under the Restoration Freedom Act (Fuller, 2014). After many hearings in court and prayers from the Green family, the case was taken to the highest court in the land (Fuller-Gryboski, 2014).
A brochure for “Reminder Day” expressed that homosexuals were often not treated as equals and that the Federal, state and local governments have shown bias towards these individuals. Although some religions would perceive homosexuality as a sin, the individuals are still human and should be given the same opportunities as the rest of the population. In the past, the Declaration of Independence promised natural rights for all men, but some rights were not realized for minority groups. Over time, parts of the Declaration of Independence and the Constitution were revoked and amended so that in today’s world, all “men”, including women and minority groups, all have the same rights.
The Indianapolis Star and other Indiana news outlets covered the new Religious Freedom Restoration Act signed by Gov. Mike Pence last year and uncovered that it allowed business and individuals to refuse housing, employment and service based on an individual’s sexual orientation or gender identity. The same is true for North Carolina in which The Charlotte Observer and other North Carolina news outlets did extensive coverage on its transgender bathroom laws, which required individuals to use the restroom that corresponds with the sex on their birth certificates. State news outlets relay information to the public that they otherwise might not know about. The media coverage in the state had a large influence on the gubernatorial election there, as Democratic challenger is leading Republican incumbent Gov. Pat McCrory by 10,000 votes in a race that has yet to be decided. On a national level, The New York Times, CNN, Fox News, The Washington Post and other news organizations act as watchdogs for our national government.
In 2015, the Obergefell v. Hodges case ended the “state bans on same-sex marriage”, therefore legalizing same-sex marriage (Important Supreme Court Cases). Now, “same-sex couples can now receive the benefits...of marriage that were largely exclusive to heterosexual couples” (Koch). The ruling has led to the modern fight for gay civil rights. Exposure to the LGBTQ+ community, the southern “Bathroom Bills”, and other fights for transgender rights, and the press for more LGBTQ+ representation in the media has erupted from this case. Both rulings had very big impacts on their respective communities.
Religion seems to play an important and controversial role between issues that involve the LGBTQ society. Before American Democracy can answer any of these questions, a line needs to be drawn between politics and