In summary (read the article for important details), the new Indiana religious freedom law is different in two important ways:
- the law allows "religious freedom" to be used as a claim or a defence in an action involving only non-governmental parties (i.e. one private party can sue another private party where the party suing claims that its "religious freedoms" have been infringed or a private party being sued by anyone else can argue that its "religious freedoms" are being infringed). All of the other religious freedom laws only apply if at least one of the parties in the lawsuit is a government entity.
- the Indiana law protects religious practices “whether or not compelled by, or central to, a system of religious belief.”
The first difference is what allows a store to refuse service to a private individual or entity who "offends" the store owner's "religious freedoms" (the obvious current era example would be a bakery refusing to provide a wedding cake for a same sex marriage on the grounds that the store owner's religion prevents them from serving homosexuals). The second difference allows claims or defences based on even somewhat "fringe" religious beliefs to be used in court.
These two aspects of the law should come together to provide all sorts of "entertainment opportunities" for court watchers in the coming months (assuming that the law survives that long in the face of the growing "boycott Indiana" movement).
For example, consider a situation where a store owner is faced with a devout Muslim lady wearing a niqab. Should the store owner refuse to serve the Muslim lady, they could find themselves the target of a lawsuit based on the new Indiana religious freedom law. The Muslim lady would be able to use the law to argue that her religious freedoms have been infringed since her decision to wear a niqab is at least encouraged if not, from her perspective, mandated by her religion. In contrast, the store owner will find it difficult to use the same law to defend their right to refuse service to niqab-wearing Muslim ladies as I doubt that there are many if any religions which prohibit or even discourage on religious grounds the wearing of unusual clothing including clothing which happens to cover one's face. I should add that the store owner may be able to successfully argue that they have an overriding need to be able to identify malfeasants on security camera video should a niqab wearing Muslim lady decide to rob the store.
One last aspect of this situation is also likely to provide even more "entertainment". It is my understanding that the US Supreme Court has long considered the US Constitution's Establishment Clause to prohibit US courts from delving into the question of what a particular person's religious beliefs actually require. For example, there have been various successful attempts to exercise a pastafarian's right to wear a colander on their head during swearing in ceremonies and on their drivers licenses (http://www.dailymail.co.uk/news/article-2747880/Pastafarian-allowed-wear-spaghetti-strainer-head-driving-licence-photo-classed-religious-headgear.html).
http://thinkprogress.org/lgbt/2015/03/30/3640374/big-lie-media-tells-indianas-new-religious-freedom-law/
These two aspects of the law should come together to provide all sorts of "entertainment opportunities" for court watchers in the coming months (assuming that the law survives that long in the face of the growing "boycott Indiana" movement).
For example, consider a situation where a store owner is faced with a devout Muslim lady wearing a niqab. Should the store owner refuse to serve the Muslim lady, they could find themselves the target of a lawsuit based on the new Indiana religious freedom law. The Muslim lady would be able to use the law to argue that her religious freedoms have been infringed since her decision to wear a niqab is at least encouraged if not, from her perspective, mandated by her religion. In contrast, the store owner will find it difficult to use the same law to defend their right to refuse service to niqab-wearing Muslim ladies as I doubt that there are many if any religions which prohibit or even discourage on religious grounds the wearing of unusual clothing including clothing which happens to cover one's face. I should add that the store owner may be able to successfully argue that they have an overriding need to be able to identify malfeasants on security camera video should a niqab wearing Muslim lady decide to rob the store.
One last aspect of this situation is also likely to provide even more "entertainment". It is my understanding that the US Supreme Court has long considered the US Constitution's Establishment Clause to prohibit US courts from delving into the question of what a particular person's religious beliefs actually require. For example, there have been various successful attempts to exercise a pastafarian's right to wear a colander on their head during swearing in ceremonies and on their drivers licenses (http://www.dailymail.co.uk/news/article-2747880/Pastafarian-allowed-wear-spaghetti-strainer-head-driving-licence-photo-classed-religious-headgear.html).
http://thinkprogress.org/lgbt/2015/03/30/3640374/big-lie-media-tells-indianas-new-religious-freedom-law/