Equality For All

The Fisher Decision Was a Victory for Equality of Opportunity

Last month the Supreme Court issued a landmark decision in a case about equal educational opportunity for all people, regardless of their race. In a 4-3 decision, the Court upheld the University of Texas’s diversity admission policies, with Justice Anthony Kennedy writing the majority opinion. Justice Kennedy remarked that “courts must give universities substantial but not total leeway in designing their admissions program.”

Some backstory on the case: in 2008, Abigail Fisher applied to the University of Texas-Austin undergraduate program and was denied admission. Fisher, who is white, filed a lawsuit against the university claiming that she was denied admission based on her race. In 2014, the conservative Fifth Circuit Court affirmed the District Court’s decision in the case, in which it sided with the University of Texas. Fisher then filed a petition to the Supreme Court to hear the case, and the Supreme Court agreed to hear arguments for the case in 2015.

The Supreme Court’s ruling in the Fisher v. University of Texas case was a crucial victory for racial justice in America. The Supreme Court upheld the right of the University of Texas to use race as part of the admissions policy for prospective students. The decision not only reflected the need for equality of opportunity for all people, it was also a step toward addressing the deep-seated racism that unfortunately is still present in our society. As PFAW Foundation president Michael Keegan put it: “From universities to the workplace, diversity policies are among the many needed programs to combat structural racism and strive towards equal opportunity for every American.”   

PFAW

Money in Politics: a Barrier to Civil Rights Progress in the 21st Century

Panelists at the conference “Money in Politics: A Barrier to a 21st Century Civil Rights Agenda?” on Thursday last week, including PFAW Executive Vice President Marge Baker, held an important conversation about how big money in politics today is impeding crucial civil rights progress. Baker was joined on the panel — which was moderated by The American Prospect’s Eliza Newlin Carney — by Rashad Robinson of ColorOfChange.org, Spencer Overton of the Joint Center for Political and Economic Studies, Janai Nelson of the NAACP, and Heather McGhee of DEMOS. Their dialogue explored the socioeconomic and racial implications of the way we fund elections, and how big money in politics serves as a barrier to a working and representative democracy in the United States. As the panelists made clear, in today’s political system, people of color, women, and low-income people often do not have an equal voice in our democracy.

 

Heather McGhee remarked that “the campaign finance system currently has inherent racial bias,” and noted that the money coming into our political system is overwhelmingly from wealthy white communities. Baker elaborated on this by discussing how many of the policies now in place are those favored by these wealthy interests, and highlighting the lack of adequate disclosure of political contributions as a barrier to organizing against these discriminatory policies. Robinson picked up that theme, discussing how the lack of timely disclosure becomes a barrier for activists trying to connect the dots between political contributions and political outcomes. Overton, who has direct experience with fundraising for campaigns, discussed the pressure to court super-rich donors who have the capacity to give massive sums, rather than reaching out to larger numbers of more modest donors. And Nelson tied money in politics reform to voting rights and outlined the need for a “deliberative democracy” that is responsive to the people.

As the panel drew to a close, panelists discussed how to address this issue moving forward. Baker made the point that currently there aren’t enough elected officials who are fighting for solutions to counteract big money in politics. McGhee reiterated that, despite a few notable exceptions, there has not been sufficient attention given to this issue from politicians serving in office.

It is time for a campaign finance system and a political system no longer run only by those with money and power. To achieve equitable public policies we need a fully representative democracy where all people, no matter their race or socioeconomic status, have an equal voice in the democracy, and that currently is simply not the case.

PFAW

The Movers Behind The Anti-LGBT 'Religious Liberty' Movement

This post originally appeared on Right Wing Watch.

In the first few months of this year, for the second year in a row, more than 100 anti-LGBT bills have been introduced in state legislatures, many of them promoted under the banner of protecting religious liberty.  A new report by People For the American Way Foundation, “Who is Weaponizing Religious Liberty?,” explains that “it takes a right-wing village to turn a cherished American principle into a destructive culture-war weapon.”

The report makes clear that the wave of anti-equality legislation promoted in the name of religious liberty is not an outgrowth of local conflicts but the latest step in a long-term campaign by national Religious Right legal and political groups to resist legal equality for LGBT people. As Americans have come to know and embrace their LGBT family members and friends, harsh anti-gay rhetoric has become less effective, says the report, leading social conservatives to try to reclaim the moral and political high ground by reframing debates over marriage equality and nondiscrimination protections as questions of religious liberty.

These efforts are being promoted by “a network of national Religious Right organizations that oppose legal recognition for the rights of LGBT people,” notes the report, which profiles some of the leading organizations while noting that they “represent the tip of the iceberg of a much larger movement that is trying to eliminate legal access to abortion and roll back legal protections for LGBT people, couples, and families — and trying to do so in the name of religious liberty.”

The groups covered in the report include:

·         Family Research Council and FRC Action

·         Heritage Foundation and Heritage Action

·         National Organization for Marriage

·         Alliance Defending Freedom

·         Liberty Counsel

·         American Family Association

·         Becket Fund for Religious Liberty

·         American Principles Project

The report includes links to additional resources on the organizations behind the Right’s use of religious liberty as political strategy for resisting equality. 

PFAW Foundation

Equal Pay Day Shows How Far Women Still Have to Go

This piece originally appeared on the Huffington Post

Today marks “Equal Pay Day,” the day when women’s pay finally catches up to men’s pay from last year. You’ll have to forgive me for not cheering too loudly.

Each year Equal Pay Day highlights how far we still have to go in the fight for pay equity, and it’s striking how little headway has been made on closing the gap in recent years, with progress all but stagnating in the past decade. Across the board, women continue to be paid less than their male counterparts — a fact that takes on new significance in an election year where the views of the Republican presidential candidates on the gender pay gap range from dismissive to downright hostile.

But the numbers speak for themselves: according to the latest data, women earn on average 79 cents for every dollar that men earn. When you consider a full lifetime of work, the scope of inequality becomes far more dramatic. A new report from the National Women’s Law Center on the “lifetime wage gap“ shows that across 40 years of working, based on the current figures, women lose more than $430,000. When you break down the numbers by race, it’s even more stark; African-American women lose over $877,000, and Latinas more than a million dollars. When women are making hundreds of thousands of dollars less than men over a lifetime, it affects not only women’s financial stability while working and during retirement, but also the financial stability of our families.

Not to mention that it’s spectacularly unfair.

A gender pay gap exists for women in almost all occupations, from teachers to lawyers to cooks to mail carriers, and even in the entertainment field. Demos reports that for retail salespeople, the most common occupation in the country, the gender pay disparity is “particularly stark,” with women who are working full-time earning just 68 cents for each dollar earned by their male co-workers. For women struggling financially, the earnings lost simply for being a woman can mean the difference between barely making ends meet and being forced to choose between basic necessities like food and rent.

When you look at the presidential candidates’ stances on pay equity, it’s clear that the 2016 election will be a pivotal moment for whether progress is possible in the near future. Trump claims to “love equal pay,” but says he won’t support the legislative efforts necessary to make it happen. At an event last year, he told a woman asking about the pay gap that “you’re gonna make the same if you do as good a job.” Sen. Ted Cruz voted against the Paycheck Fairness Act and derided it as a “political show vote.” A 2014 newspaper investigation found that in Gov. John Kasich’s office, women were paid nearly $10 less per hour than men, yet on the campaign trail, Kasich blamed not discrimination, but paid leave laws, for causing the wage gap!

Despite Republicans’ dismissal of the issue, equal pay for equal work remains a goal rather than a reality for women across the country. And until we close the gap, Equal Pay Day will remain an unhappy reminder of this continuing inequality.

Kathleen Turner is an advocate and Academy Award-nominated actress, and serves on the board of People For the American Way’s affiliate, PFAW Foundation.

PFAW Foundation

Norman Lear: Why I'm a Man for Choice

Norman Lear

More than forty years ago, the writers and I on our TV show "Maude" did something which apparently no one had done before on television: We showed our main character making the decision to have an abortion.

This was 1972, the year before the Supreme Court affirmed the right for all women to make their own reproductive health-care decisions. Back then, abortion wasn't something that was being discussed on television. But, of course, millions of women, and men, and families were discussing it in their own homes. So, we wrote some episodes that included Maude's discovery that, at age 47, after her daughter was grown, she found herself pregnant. We explored her conversations with friends and family about that pregnancy, and her ultimate decision with her husband to end that pregnancy. To no one's surprise, the world continued to turn on its axis.

As with our character, Maude Findlay, the majority of women who have an abortion today are already mothers, and don't make the decision lightly. At that time, a woman's ability to make the decision to create or expand her family was dependent on the state she lived in and how much money was in her bank account.

I never would have thought that, more than 40 years later, we would still be waging these same fights over women's reproductive rights that we were facing in the 1970s.

Yet, in June, the Supreme Court will decide the most consequential abortion case in decades involving a Texas law that could force the closure of abortion clinics in the state.

As America celebrates Women's History Month this March, we recognize the incredible strides our country has been able to make because of the hard work, creativity and resolve of American women. Our country is stronger when all Americans are empowered to make their own decisions about their health, their bodies and whether to start and grow their families.

It is unfortunate that, in this heated political season, we are still debating whether women have the right to make decisions about their own bodies. Seven in 10 Americans support a woman's right to an abortion. Congress and state legislatures should be following the will of the people and get out of the way.

Instead, states from Texas to Mississippi to Ohio are leaving millions of women without access to health-care clinics that provide the reproductive healthcare services they deserve. Women – particularly poor women, women of color, and those living in red states – are losing access to their constitutional right to abortion at a frightening pace.

The very same politicians who are closing clinics in the name of protecting women and families are actively harming them by cutting off funding for preventative health care, cancer screenings and HIV prevention as part of an ideological war against abortion. Putting up barriers to accessing health care is not the way to support and empower women in this country.

But really, this is not about abortion for the anti-choice movement. Cutting off access to health care is one tool in their playbook that pushes a worldview where women are kept out of positions of power.

We know that one in three women in the United States will have an abortion in their lifetime. Most women who choose to have an abortion are in their twenties — the same decade in which their careers are just starting to take off. By depriving a woman of her right to an abortion, we're boxing her into a world where she cannot choose her own destiny, take advantage of the career opportunities she wants, or simply live the life that's best for her and her family.

f we trust women to run businesses, fight for our country, raise children, and hold the highest political offices (and we all should), we need to also trust that they are capable of making their own decisions about what is best for their own body, family and future. When the anti-choice movement doesn't trust women to make these personal decisions, we can only assume they don't trust women to lead either.

I am proud to stand with NARAL Pro-Choice America and call myself a "Man for Choice" because I believe it is time for men to stop pretending that we know better what women's health-care needs are. Women have proven that they are up to any task set before them and are more than capable of deciding their own futures. We can't afford to wait another 40 years before politicians figure this out.

This post originally appeared on CNBC.

PFAW

Discriminatory "Religious Freedom" Bill is Bad for Our State

This piece originally appeared on the Huffington Post.

I am one who believes that we must be vigilant about protecting true religious liberty, which has been a guiding principle throughout our country's history. As the First Amendment makes clear, all people have a right to practice, or not to practice, any religion they choose. Laws that truly protect individuals' exercise of religion prevent the government from infringing on our rights.

But the state legislature is considering a bill (HB 757) that, though framed in the language of protecting First Amendment religious freedom, at its core is about one thing: discrimination. HB 757 was recently amended and passed by the state Senate and is now being considered by the House. As Americans United explains it, the bill would allow "any individual or 'faith-based' business, non-profit entity, or taxpayer-funded organization to ignore any law that conflicts with their religious beliefs about marriage." In other words, businesses and organizations could cite religion in order to refuse service to certain groups of people.

This bill could lead to any number of nightmare situations. Restaurant owners who refuse to serve same-sex or interracial couples. Domestic violence shelters that turn away unmarried mothers and their children. Adoption agencies that refuse to place a child with parents of different faiths.

It's not the first time Georgia has considered passing a "right to discriminate" bill. Why are our state representatives wasting time, again and again, pushing legislation that would harm Georgians and threaten to drive businesses out of the state? The bill's sponsor even admitted last week that the legislation could protect the Ku Klux Klan as a "faith-based" organization. This bill is too extreme for Georgia, plain and simple. 

While the new title of part II of HB 757, "the First Amendment Defense Act of Georgia," may sound like it's about true religious protection, the bill is actually a cynical attempt to turn the idea of religious liberty into a sword to attack other people's rights, rather than to truly shield their own religious practices from improper government interference. That's not what religious liberty is about. Moreover, using religion as a tool to harm others is an idea that a strong majority of Georgians reject. According to new data from the Public Religion Research Institute, 57 percent of Georgians oppose allowing small businesses to refuse service to gays and lesbians on religious grounds.

Many faiths, including my own, teach that we should fight for the oppressed. Disguising a push for a "right to discriminate" under the mantle of First Amendment religious freedom is an insult to those moral principles. It's an insult to people of faith who take seriously the call to walk with, and fight for, the most vulnerable among us. 

As a Baptist pastor and as a Georgian, I urge our legislators to do the right thing by rejecting HB 757. On the senate floor, Sen. Nan Orrock said, "Be able to tell your grandchildren that you didn't vote for state-sanctioned discrimination." To that, I say: Amen.

Rev. Timothy McDonald III is Senior Pastor of First Iconium Baptist Church in Atlanta and Co-Chair of People For the American Way's African American Ministers In Action.

PFAW Foundation

PFAW Mourns Julian Bond, Civil Rights Icon and Longtime Board Member

Julian Bond, a towering figure of the civil rights movement and a longtime board member of People For the American Way, has passed away at the age of 75.
PFAW

EEOC Says Anti-Gay Discrimination Is Illegal Sex Discrimination

EEOC: Sexual orientation discrimination is sex discrimination because it means treating an employee less favorably because of their sex.
PFAW Foundation

A Historic Day for Liberty, Equality, and America

Today's victory for marriage equality is a profoundly American story.
PFAW Foundation

PFAW Activists Join Hundreds of Thousands in Effort to Kick Big Polluters Out of Climate Talks

This month, our friends at Corporate Accountability International delivered 232,000 petition signatures to the UN Framework Convention on Climate Change in Bonn, Germany demanding that the planet’s biggest polluters be kept out of the climate treaty conversation. Among the signatures calling on the United Nations to keep corporate polluters from influencing climate policy were tens of thousands from PFAW members.


Photo via CAI

For more, check out this post on Daily Kos-- another partner in this action -- by one of the leaders at Corporate Accountability International.

PFAW Foundation

PFAW Telebriefing Explores Ferguson, Baltimore and the Fight for Racial Justice

As police violence plagues cities across the nation, communities are actively responding with initiatives to mitigate violence and work toward justice. Elected officials, faith leaders and community activists have come together to strengthen their communities in places such as Ferguson and Baltimore. As Pastor Barry Hargrove, president of the Progressive Baptist Convention of Maryland and an active minister in our African American Religious Affairs Program, explained, “There are lots of things happening behind the scenes, happening on the ground, that are not being reported.”

On Tuesday, PFAW hosted a telebriefing for members about the Black Lives Matter movement. PFAW Communications Director Drew Courtney moderated a dialogue among Hargrove, Missouri State Senator and member of affiliate PFAW Foundation’s Young Elected Officials Network Maria Chappelle-Nadal, PFAWF Director of Youth Leadership and Tallahassee Mayor Andrew Gillum, and PFAWF Director of African American Religious Affairs Leslie Watson Malachi.

In the telebriefing, these leaders answered questions about Baltimore and Ferguson and discussed progressive measures taking place in their own communities. In both Baltimore and Ferguson, local leaders have turned toward broad and responsive solutions – such as community policing, social justice education curricula, and prayer rallies – to address targeted violence against minorities.

Despite these steps, Chappelle-Nadal noted that there are still “a significant number of issues that have not been addressed by the legislature.” Chappelle-Nadal, as well as Hargrove, Gillum, and Malachi, encouraged participants to continue advocating for local policies that can help to provoke a systemic change in police practices and empower communities.

Call participants posed many productive questions, including a member who asked what steps could be taken to address tension between the police and communities. Hargrove suggested working within “spheres of influence,” whether it be faith-based organizations or public policy proposals. He also encouraged dialogues between police and community members; Chappelle-Nadal echoed this sentiment by urging citizens to build connections based on commonalities rather than differences.

Listen to the full briefing here:

PFAW

Rebuffed by Republican Legislators, Bobby Jindal Issues Executive Order on 'Religious Liberty'

In a Republican presidential field crowded with far-right candidates, Louisiana Gov. Bobby Jindal is trying to distinguish himself as the far-rightest candidate, especially on issues relating to marriage equality and its supposed threat to the religious freedom of conservative Christians.

Jindal’s latest came at the end of the day on Tuesday. Unwilling to accept the legislature’s failure to pass a so-called “religious liberty” bill (it was voted down 10-2 in a House committee), Jindal issued an executive order designed to protect any person who “acts in accordance with a religious belief that marriage is between one man and one woman.” The order explicitly defines “person” to include for-profit corporations and well as nonprofit organizations.

Jindal has adopted the rhetorical strategy promoted by the National Organization for Marriage and other opponents of LGTB equality: try to turn conversation about anti-gay discrimination “on its head” by declaring that laws protecting gay people are actually a form of discrimination against Christians. His statement about the executive order said it was designed to “prevent the state from discriminating against persons or entities with deeply held religious beliefs that marriage is between one man and one woman.”

Jindal’s order invokes the Supreme Court’s decision in Hobby Lobby, making it the latest sign that the decision – which granted corporations a right to claim legal exemptions based on the religious beliefs of company owners -- poses a threat to nondiscrimination measures and potentially a wide range of laws protecting the interests of workers. Jindal declared that his order is “not about discrimination,” even though its clear intent is to give legal cover to companies, government officials, and others who discriminate against same-sex couples.

Louisiana does not currently give legal recognition to same-sex couples, but Jindal is concerned that the state’s ban on marriage equality may soon be struck down by the Supreme Court, a potential ruling which his order seems to be a legally questionable effort to pre-empt. Jindal should be asked to clarify exactly what actions his legislation is designed to “protect”: a courthouse clerk who refuses to process marriage license paperwork? Religious schools getting tax dollars under Jindal’s education policy refusing to accept children of gay parents? Catholic hospitals refusing to recognize the spousal or parental rights of gay couples during medical emergencies?   

Jindal’s “religious liberty” bill had been opposed by business and tourism leaders as well as civil rights groups. The New Orleans Times Picayune reports that the New Orleans Convention and Visitors Bureau CEO Stephen Perry had called the bill “a radioactive, poisonous message.”

But Jindal’s primary audience is no longer his Louisiana constituents; it's right-wing activists nationwide. Jindal boasted about the executive order by stopping by the radio program hosted by Family Research Council President Tony Perkins, an anti-gay activist who once suggested that LGBT non-discrimination measures would lead to the Holocaust perpetrated against Christians.

Right-wing pundit and Iowa GOP activist Steve Deace reacted rapturously, proclaiming Jindal his “winner of the week” for standing up to “Republicrats.”

Jindal immediately stepped in and ordered that while he’s governor the state government is not going to be a tool of the Cultural Marxists’ Rainbow Jihad against religion — particularly Christianity….

This action by Jindal is an example of what will be required of the next president if he’s going to truly honor his oath of office to defend our Constitution against all enemies — “both foreign and domestic.”

Let’s face it, the vast majority of alleged conservatives won’t stand up to the Democrats. And almost none of them will stand up to the Republicrats. On perhaps the most important issue of them all — the First Amendment that allows us the freedom to peacefully and publicly stand on principle for everything else — Jindal has done both.

But he didn’t just stand up to them rhetorically, he actually did something about it. There are several potentially exciting presidential candidates this cycle. There’s even a couple that like Jindal have shown they will tell the Republicrats bleeding us dry to stick it where the sun doesn’t shine.

PFAW

Are Conservative Justices Suggesting that Oppression Justifies More Oppression?

Historical discrimination against gays and lesbians warrants heightened scrutiny under Equal Protection, not continued discrimination.
PFAW Foundation

In Marriage Arguments, Scalia Overlooks the People's Role in Adopting Equal Protection

Scalia says judicial interpretations of Equal Protection bypass the people, but it was the people who chose to constrain themselves with Equal Protection.
PFAW Foundation

Justice Ginsburg Tackles Idea that Marriage Definition Has Existed for Millennia

Marriage as it existed for much of our nation's history violates the 14th Amendment, as does today's exclusion of same-sex couples from the institution.
PFAW Foundation

Arkansas Governor Does Only a Partial Retreat on RFRA

Gov. Hutchinson's call for a RFRA bill paralleling the federal one still leaves the door open to discrimination, thanks to the Hobby Lobby ruling.
PFAW

Gov. Pence's Claims Ignore Indiana "Religious Freedom" Law's History

Indiana's Mike Pence is less than convincing in his claims about that state's new RFRA law.
PFAW

Hobby Lobby Comes Home to Roost as States Consider "Religious Freedom" Legislation

This op-ed was originally published at The Huffington Post.

Over the last twenty years, 19 states have passed laws modeled on the federal Religious Freedom Restoration Act (RFRA), which was enacted in 1993 with broad bipartisan support. But just this year, almost the same number, 15, have seen such bills introduced, generating enormous controversy across the country, particularly in Indiana where Gov. Mike Pence signed the new state RFRA into law.

Why the huge uptick now? As one of those involved in the original drafting and passage of RFRA in 1993, I think it's a combination of the perceived dangers to the far right from the move towards LGBT marriage equality and the perceived opportunity created just last year by the 5-4 Supreme Court's rewriting of RFRA in Burwell v. Hobby Lobby.

Even before the Supreme Court agreed to decide the marriage equality issue, the far right has highlighted the supposed dangers to small businesses like bakers and florists who do not want to serve LGBT couples because of religious objections. Under RFRA as passed in 1993, and under the protection from the First Amendment's Free Exercise doctrine that it was meant to restore, RFRA wouldn't have offered much help. First, neither had been applied to non-religious corporations, which had never been thought to have religious freedom rights. Second, it would have been very hard to argue that a neutral law banning discrimination against LGBT people would have created a "substantial burden" on actual religious exercise, which is required to qualify for a RFRA-type exemption. For example, in one case the Supreme Court rejected the claim that requiring federal welfare recipients to submit social security numbers was such a burden even when it conflicted with an applicant's religious beliefs. And even if such a burden were created by obeying an anti-discrimination or other general law, pre-Hobby Lobby law would not have helped a religious claimant: as the Court ruled in rejecting a religious exemption to a requirement that a religious farmer withhold social security taxes, such an exemption would improperly "operate to impose the employer's religious faith on the employees" and others.

But then came Hobby Lobby.

In that case, writing for a bare majority of the Court, Justice Alito ruled that religious objections by a corporation's owners exempted them under RFRA from providing contraceptive coverage through insurance to employees under the Affordable Care Act. As Justice Ginsburg explained in dissent, rather than interpreting RFRA to restore prior case law, the majority interpreted it as going beyond prior Court decisions to maximize benefits to religious claimants. In particular, she explained, the Court effectively re-wrote RFRA so that it could be invoked by for-profit corporations, and so that the original law protecting individuals against a "substantial burden" on the exercise of religion was transformed to allow claims by a business owner that complying with a neutral law offended their religious beliefs in some way. Under the majority's view, Justice Ginsburg suggested, RFRA could be interpreted to "require exemptions" in cases where religious beliefs were used to justify actions that discriminated on the basis of race, gender, and sexual orientation. Pointedly, Justice Alito responded only that "prohibitions on racial discrimination" would be safe from a RFRA exemption claim, but said nothing about gender or LGBT status.

So for far-right activists and legislators concerned about LGBT marriage equality and other rights, Hobby Lobby provided the perfect opportunity: pass state RFRA laws and effectively grant a religious exemption claim from LGBT anti-discrimination laws and local ordinances, based on the Court's re-writing of RFRA's language. Indeed, in communicating with supporters about the Indiana RFRA law, the far-right Family Research Council specifically called it the "Hobby Lobby bill."

Even better, rhetoric directed at outsiders could be cloaked in general language about protecting religious freedom, not attacking LGBT rights. Supporters could even invoke Democratic supporters of RFRA like President Clinton and claim that neither RFRA nor its state counterparts had been interpreted to allow discrimination, as Indiana Gov. Pence has tried to do. These claims ignore the fact that it wasn't until last year that the Supreme Court effectively rewrote the language in RFRA so that it was transformed from a shield for religious liberty into a sword against anti-discrimination protections. And previous supporters like President Clinton have made clear their opposition to this year's state RFRA proposals.

Under pressure, the neutral façade of recent state RFRA proposals has crumbled. When pushed to amend a state RFRA proposal in Georgia to make clear that it could not be used against anti-discrimination ordinances, a Georgia legislator admitted that one of the reasons for the bill was to allow it to be invoked by the small business owner who had religious objections to providing services to an LGBT couple. And when an amendment was added in the Georgia House Judiciary Committee to state that the RFRA bill was not to be used against discrimination laws, the bill was promptly tabled on March 26, with a supporter stating that the amendment would "gut" the bill.

As of now, the fate of RFRA bills in Georgia and elsewhere is uncertain and Gov. Pence has asked the legislature for an amendment to "clarify" that Indiana's RFRA law cannot be used to deny services to anyone. That would be a welcome step - one that flies in the face of the clear intent of some of the bill's backers, which was clearly to enshrine such a "right" for Indiana businesses. Language has been adopted elsewhere to make clear that state RFRAs cannot be used against anti-discrimination bills; such a provision is currently in Texas' RFRA, although there is a proposal to remove it. Before Hobby Lobby, such language might not have been necessary. After Hobby Lobby, it is crucial.

PFAW