Tim Kaine vice presidential campaign, 2016/RFRA
This page was current as of the 2016 election.
In March 2015, Indiana Governor Mike Pence (R), who was considered a possible 2016 presidential candidate at the time and who later became Donald Trump's running mate on July 15, 2016, was at the center of a controversy about protecting religious rights and the rights of gays and lesbians. The controversy in Indiana spread nationwide, prompting the 2016 presidential candidates to comment on Indiana's Religious Freedom Restoration Act and share their broader views on the First Amendment and same-sex marriage.
On March 26, 2015, Pence signed Senate Bill 101, better known as the Religious Freedom Restoration Act (RFRA), into law.[1][2] The law "prohibits a governmental entity from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability, unless the governmental entity can demonstrate that the burden: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering the compelling governmental interest."[1]
After signing the bill, Pence said, "[t]he Constitution of the United States and the Indiana Constitution both provide strong recognition of the freedom of religion, but today, many people of faith feel their religious liberty is under attack by government action."[3]
According to Reuters, "Supporters of the bill, which was passed overwhelmingly by both chambers of the Republican-controlled state legislature, say it will keep the government from forcing business owners to act against strongly held religious beliefs. Opponents say it is discriminatory and broader than other state religious freedom laws."[2]
After receiving significant backlash, the Indiana State Legislature proposed changes to the RFRA. The clarification bill stated that a provider cannot "refuse to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public on the basis of race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service." The bill also clarified that the law cannot be used to "establish a defense to a civil action or criminal prosecution for refusal by a provider to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public on the basis of race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service."[4] Pence signed the clarification bill, Senate Bill 50, on April 2. The law took effect on July 1, 2015.[5]
According to the National Conference of State Legislatures, "Since 1993, 21 states have enacted state RFRAs. These laws are intended to echo the federal RFRA, but are not necessarily identical to the federal law."[6]
See below what Tim Kaine and the 2016 Democratic Party Platform said about the Religious Freedom Restoration Act (RFRA).
Kaine on RFRA
- At a rally in Greensboro, North Carolina, on August 4, 2016, Kaine said that North Carolina's HB2, a bill that restricts restroom access for transgender people, and Indiana's Religious Freedom Restoration Act negatively impacted the states' economies. Kaine said, "The vice presidential nominee on the Republican side, Mike Pence, did something like the North Carolina bill. Found that immediately, discriminating against LGBT people immediately companies started to pull out. You're seeing those announcements in North Carolina too, whether it's the All-Star game or PayPal. Same thing happened in Indiana and he had to kind of do a U-turn."[7]
- At the same Greensboro, North Carolina, rally, Kaine said that the country must go "forward, not back" on LGBT rights.[7]
- Kaine co-sponsored the Protect Women’s Health From Corporate Interference Act of 2014. The legislation was drafted in response to the U.S. Supreme Court's decision in Burwell v. Hobby Lobby. Kaine and the bill's other co-sponsors believed the justices misconstrued the legislative intent of the Religious Freedom Restoration Act of 1993 when the court held that closely held companies like Hobby Lobby are not required to offer health insurance policies that cover certain types of contraception under the Affordable Care Act (ACA). Kaine said that the ACA's contraception exemption was intended for churches and other "religiously-affiliated nonprofit organizations," but not for the companies to which the court applied it in the Hobby Lobby decision.[8]
- Read what the 2016 presidential candidates and other vice presidential candidates said about the Religious Freedom Restoration Act.
| The 2016 Democratic Party Platform on civil rights | ||||||
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Recent news
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See also
Footnotes
- ↑ 1.0 1.1 Indiana General Assembly, "Senate Bill 101," accessed April 15, 2015
- ↑ 2.0 2.1 Reuters, "Indiana governor signs religious freedom bill that could affect gays," March 26, 2015
- ↑ CBS Chicago, "New Indiana ‘Religious Liberty’ Law Could Legalize Discrimination Against Gay People, Opponents Say," March 26, 2015
- ↑ Indiana.gov, "Senate Enrolled Act No. 50," accessed April 17, 2015
- ↑ Indiana.gov, "Actions for Senate Bill 50," accessed April 17, 2015
- ↑ NCSL.org, "State Religious Freedom Restoration Acts," accessed April 17, 2015
- ↑ 7.0 7.1 The New Civil Rights Movement, "'That's Just Not Right': Tim Kaine Blasts Mike Pence's Anti-LGBT Record, Links Him to HB2 at NC Rally," August 4, 2016
- ↑ Daily Press, "UPDATE: After Hobby Lobby Kaine, Warner back RFRA changes," July 10, 2014
- ↑ 9.0 9.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Democratic Party, "The 2016 Democratic Party Platform," accessed August 25, 2016
- ↑ Democratic Party, "The 2016 Democratic Party Platform," accessed August 25, 2016
