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My Son Means the World to Me Sheila York
Law scholars: Indiana RFRA “more a solution in search of a problem” March 9, 2015

INRFRAFreedom Indiana today released a recent letter from 30 law professors, including 12 from Indiana, who believe the so-called Indiana Religious Freedom Restoration Act (RFRA) will shift a legal burden to third parties, including businesses, and lead to confusing litigation regarding religious freedom in our state.

The letter recognizes “the important place that rights to religious liberty hold in the set of rights we regard as fundamental in the U.S. legal system. Yet, rather than advancing reasonable concerns about religious freedom, the proposed Religious Freedom Restoration Act is more a solution in search of a problem, or worse, if passed will create confusion, conflict, and a wave of litigation that will threaten the clarity of religious liberty rights in Indiana while undermining the state’s ability to enforce other compelling interests.”

The bill is scheduled for a hearing next Monday, March 16, in the House Judiciary Committee.

The letter from law scholars cites more than 100 lawsuits that have arisen from similar RFRA language and makes it clear that the proposed language in Indiana does not mirror a similarly named national law adopted more than two decades ago. Many of the sponsors of that law have since backed away from their support because the law has been used for discriminatory purposes.

“We hope this legal analysis shows lawmakers that this bill will burden our job creators and create unnecessary confusion and conflict,” said Freedom Indiana campaign manager Katie Blair. “There’s no good legal reason to move forward with this law when our state and nation already place such a high value on religious liberty.”

Read the full text of the letter here:

http://freedomindiana.org/LawProfessorsRFRA.pdf

Indiana law professors who signed the letter:

Jennifer Drobac

Professor of Law

Indiana University Robert H. McKinney School of Law

Rob Katz

Professor of Law

Indiana University Robert H. McKinney School of Law

Fran Quigley

Clinical Professor

Health and Human Rights Clinic

Indiana University Robert H. McKinney School of Law

Florence Wagman Roisman

William F. Harvey Professor of Law and

Chancellor’s Professor

Indiana University Robert H. McKinney School of Law

Lea Shaver

Associate Professor

Indiana University Robert H. McKinney School of Law

Deborah Widiss

Associate Professor

Indiana University Maurer School of Law

Susan H. Williams

Walter W. Foskett Professor of Law

Director, Center for Constitutional Democracy

Indiana University Maurer School of Law

Carwina Weng

Clinical Professor and

Director, Disability Law Clinic

Indiana University Maurer School of Law

Jeannine Bell

Professor of Law and

Neizer Faculty Fellow

Indiana University Maurer School of Law

Aviva Orenstein

Professor of Law and

Val Nolan Faculty Fellow

Indiana University Maurer School of Law

Shawn Marie Boyne

Professor of Law

Indiana University Robert H. McKinney School of Law

Jeffrey O. Cooper

Associate Professor

Indiana University Robert H. McKinney School of Law