Written by Don ByrdThe Employment Non-Discrimination Act (ENDA) does not discriminate against Christians. That is the conclusion of a Politifact report after investigating claims that the bill – which would prohibit secular businesses with 15 or more employees from making personnel decisions based on sexual orientation – “discriminates against Christian daycare, Christian parents, [and] Christian business owners.”
Those false claims are being made by the “Traditional Values Coalition” in a fundraising email suggesting that Senator Mark Pryor’s (D-AR) support of the bill in November somehow contradicts his statements that his Christianity guides him as a legislator.
Written by Don ByrdSlate’s Dahlia Lithwick provides a very helpful and interesting bit of background on conscience clause legislation, that is, exemptions from requirements as a matter of conscience or religious belief. She frames the issue as a central question going forward for the scope of religious liberty in America.
Written by Don ByrdHealth care mandates aren’t the only area of government regulation generating controversy among some faith-based organizations. In Michigan, the legislature is poised to vote on a bill that would allow faith-based adoption services to refuse placement with a couple if doing so would violate the agency’s religious beliefs.
Written by Don Byrd The New Mexico Supreme Court today ruled that Elane Photography violated the state’s Human Rights Act by refusing to provide services for a same-sex wedding ceremony, saying that such a refusal is barred by the law “in the same way as if it had refused to photograph a wedding between people of different races.” The company argued that such an interpretation of the law is an unconstitutional infringement on their free exercise and free speech rights under the First Amendment and the state’s Religious Freedom Restoration Act, but the Court disagreed.
The majority found that the NMHRA is a neutral law and is generally applicable. Therefore, the Court concluded, the right to freely exercise religion does not relieve Elane Photography from its enforcement. Additionally, it found the New Mexico RFRA doesn’t apply here because it applies only when the government is a party to the action. Here, the dispute is between two private parties, the photography company and the same-sex couple who were denied service.
Perhaps the most striking section of the opinion, however, is from concurring Justice Richard Bosson, who tackled head-on the very delicate and difficult religious liberty issues raised by this case and others like it. With obvious respect for the religious views of the plaintiff photographers, the Huguenins, Justice Bosson explains why he finds against them.
