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The Libertarian Podcast: Indiana, Discrimination, and Religious Liberty
This week on The Libertarian podcast, Professor Epstein takes on the controversy over Indiana’s Religious Freedom Restoration Act. Is it a vital protection for religious liberty? Is it an overbroad statute that needlessly opens the door to discrimination? Exactly how far should government be able to go in forcing individuals to interact with others against their will? And what are the limits to religious exemptions to broadly applicable laws? Those are just a few of the topics that we cover in this week’s episode. Listen in below or subscribe to The Libertarian via iTunes or your favorite podcast app.
Published in Law
As usual Richard is mostly right — though I think he’s a bit overconfident that “I don’t want to serve gays at all” could never be seen as a religious interest to be protected by RFRA. The statute certainly doesn’t rule out that possibility. I’m not aware of such statutes ever having been used that way. But with the right case and the right judge, it’s by no means out of the question.
He also suffers from “big city bias.” There are plenty of communities in this country where — locally at least — the Christians retain the power and the gays remain ostracized. Not every employer is Apple and not every place is LA, NY or DC.
Finally, he seems to be under the delusion that there aren’t religious groups seeking to keep gay marriages banned (see 18:25-18:40). Did he misspeak? Does he ever look at this site?
And his suggestion that the laws should be left up to lawyers, and people like Tim Cook should stay out of stuff that isn’t their expertise?
Remember when this was satire:
http://en.wikipedia.org/wiki/The_Death_Camp_of_Tolerance
And now this…
http://www.chicagotribune.com/news/chi-indianas-religious-freedom-law-cannibis-church-20150331-story.html
It still is.
And now this…
I’ve told this story before, but here it is again, back in the 1970’s Phil Donahue had members of the church of the high priestess on his show, they went on to state that the basics of their “religion” where that people tithed to the church, in return the members either had to have sex or could have sex with the priestess. They were claiming tax exempt status . Note I do not know the outcome, ie if they were allowed to get away with the scheme…
Also saw this recent story.
http://www.rawstory.com/rs/2015/03/florida-church-loses-tax-exempt-status-over-raunchy-wet-n-wild-spring-break-twerking-parties/
Excellent podcast, per usual.
Businesses lost. Massive fines. Death threats. Families in hiding.
Advocates of Same Sex Marriage, however well intentioned or high principled they believe themselves to be helped set this fire. Now they are shocked and alarmed that it is burning out of control. Apparently surprised that reasoned discourse is doing nothing to stanch the flames.
The Same Sex Marriage war has been won by its advocates (in large part effected by a complicit and compliant judiciary, not by elected legislatures or vote of the citizens). A sizeable contingent of the victors in this battle of the culture war now appear content to rest nowhere short of dragging the losers through the streets in chains to their place of execution. Figuratively speaking of course, for now.
Very figuratively.
Except not.