Has anyone esle seen the Politifact page on this?
*When Pence signed SB 101 in a private ceremony, three people who work for groups that supported the same-sex marriage ban and want to limit civil rights for gays and lesbians were in attendance. One of the lobbyists, Eric Miller of Advance America, heralded the state’s law as protecting Christian bakers, florists and photographers from penalty “for refusing to participate in a homosexual marriage, among other examples.” This is a direct reference to high-profile cases of Christian wedding vendors refusing to provide services for gay couples in other states.
In his ABC interview, Pence said Indiana’s law followed the Hobby Lobby case before the Supreme Court last year, in which the court ruled 5-4 that the federal Religious Freedom Restoration Act protects family owned corporations from being forced to offer insurance that covers contraception under the health care law.
In one sense, there isn’t all that much difference between the bill that got Obama’s vote in Illinois 17 years ago and the bill that Pence signed into law last week. But how people want the law applied, on top of other legislative changes, has changed the landscape dramatically, said Steve Sanders, Indiana University Maurer School of Law professor of family and constitutional law.
“What has completely changed are the politics around the issue, the symbolism of what voting for one of these laws means,” Sanders said.
In other words, it’s how some conservatives want Indiana’s law to work that fosters fear among civil rights advocates for how it might.
Still, constitutional law professors say both sides are misinterpreting the point of these laws. The courts have not approved exemptions to discriminate against gays under religious freedom laws, and likely would not because the government has a compelling interest in protecting civil rights.
The two sides are essentially yelling past one another about a non-issue when they should be working on enacting protections based on sexual orientation in Indiana, said Robin Fretwell Wilson, professor and director of the family law and policy program at the University of Illinois College of Law.*