Tuesday, March 31, 2015

Indiana wants me...

or not.  And the difference between the Federal (and I believe Pennsylvania's) RFRA law and Indiana's is summarized on a blog by an Indiana lawyer, Matt Anderson:
Is it inaccurate to say that this legislation is just like the federal statute? Yes.Aside from being procedurally engineered to get to a courtroom ASAP, the law as written will not be analyzed by an Indiana Court through the same rubrick [sic] that the federal legislation goes through. Indiana arguably puts greater emphasis on religious freedom and clearly offers no civil or human rights protections based on sexual orientation.This is the exact opposite of the federal level, where protections based on sexual orientation have at least come up enough to demonstrate it as a “compelling” government interest.Therefore, the difference, if not in how they are written, is that the federal government has shown such protections to be a government interest whereas Indiana has not (i.e. how they are applied).
Matt goes on to note the law overrides local laws in some jurisdictions in Indiana which had given protections against discrimination to LGBT people -- the same protections that a straight black person say, would get if a business refused to serve her.  For that reason the law of unintended consequences might come into play:
Now, the State may end up conferring civil rights to the LGBT community of the entire state when only four cities and two counties had such protections before. 
I personally hate it when I go in a business and they discriminate against me because I'm trans.  Especially when my spouse and children may see my humiliation.  No one deserves that, no matter what the other thinks.  A business open to the public should be just that -- and LGBT people are as deserving of protection from discrimination because of who they are as any other other protected class (discrimination based on race, sex, etc.)  

My God, the Christ, said that long ago:
34 Then the king will say to those at his right hand, ‘Come, you that are blessed by my Father, inherit the kingdom prepared for you from the foundation of the world; 35 for I was hungry and you gave me food, I was thirsty and you gave me something to drink, I was a stranger and you welcomed me, 36 I was naked and you gave me clothing, I was sick and you took care of me, I was in prison and you visited me.’ 37 Then the righteous will answer him, ‘Lord, when was it that we saw you hungry and gave you food, or thirsty and gave you something to drink? 38 And when was it that we saw you a stranger and welcomed you, or naked and gave you clothing? 39 And when was it that we saw you sick or in prison and visited you?’ 40 And the king will answer them, ‘Truly I tell you, just as you did it to one of the least of these who are members of my family,[a] you did it to me.’ 41 Then he will say to those at his left hand, ‘You that are accursed, depart from me into the eternal fire prepared for the devil and his angels; 42 for I was hungry and you gave me no food, I was thirsty and you gave me nothing to drink, 43 I was a stranger and you did not welcome me, naked and you did not give me clothing, sick and in prison and you did not visit me.’ 44 Then they also will answer, ‘Lord, when was it that we saw you hungry or thirsty or a stranger or naked or sick or in prison, and did not take care of you?’ 45 Then he will answer them, ‘Truly I tell you, just as you did not do it to one of the least of these, you did not do it to me.’ 46 And these will go away into eternal punishment, but the righteous into eternal life.”
Matthew 25:34-46 (NSRV)

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