The hysteria over Indiana’s new Religious Freedom Restoration Act is appalling. The law does absolutely nothing that isn’t already done in 19 other states (which also RFRAs) and it has no substantial difference to the laws signed by President Clinton and then-Illinois senator Barack Obama (in 1998).
All that a Religious Freedom Restoration Act does is initiate a balancing test when a private citizen feels that their religious freedom has been infringed upon by the federal government. It provides extra level of strict scrutiny protection by requiring the government to demonstrate a compelling government interest for violating someone’s religious liberty, and requires the infringement to be done in the least restrictive means. Yes, it contains an extra provision that helps adjudicate matters between the government and the aggrieved party, but also between private parties. RFRA ensures that religious liberty is taken seriously in such cases. It does not mean that it will prevail. If the RFRA is good and helpful in cases arising between the government and private individuals, it is as well in cases between private individuals. If people oppose the Indiana statute over its difference from the federal law, they ought simply to oppose both—a radical position indeed.