2016 presidential candidates on the Religious Freedom Restoration Act
Date: November 8, 2016 |
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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 how the 2016 presidential candidates and their respective party platforms responded to the Religious Freedom Restoration Act below.
Democratic ticket
Hillary Clinton
- On April 1, 2015, Hillary Clinton posted the following tweet in response to Arkansas' SB 975, a bill similar to Indiana's Religious Freedom Restoration Act:
- After Indiana Gov. Mike Pence signed the state's Religious Freedom Restoration Act on March 26, 2015, Clinton tweeted, "Sad this new Indiana law can happen in America today. We shouldn't discriminate against ppl bc of who they love #LGBT."[7]
The 2016 Democratic Party Platform on guaranteeing LGBT rights | ||||||
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Tim Kaine
- 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."[10]
- At the same Greensboro, North Carolina, rally, Kaine said that the country must go "forward, not back" on LGBT rights.[10]
- 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.[11]
- Read more of Tim Kaine's public statements on 2016 campaign issues.
Republican ticket
Donald Trump
- When asked about the Indiana's Religious Freedom and Restoration Act in April 2015, Trump responded that Indiana Governor Mike Pence "didn't do a good job. He wasn't clear in what he said." Trump then asserted that religious freedom and nondiscrimination aren't "mutually exclusive."[12]
The 2016 Republican Party Platform on religious freedom | ||||||
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Mike Pence
- After signing the Religious Freedom Restoration Act Clarification Bill on April 2, 2015, Mike Pence said, "Last weekend I called upon the Indiana General Assembly to clarify that this new judicial standard would not create a license to discriminate or to deny services to any individual as its critics have alleged. I am grateful for the efforts of legislators, business and other community leaders who came together to forge this clarifying language in the law. Hoosiers deserve to know, that even with this legislation, the Religious Freedom Restoration Act enhances protections for every church, non-profit religious organization or society, religious school, rabbi, priest, preacher, minister or pastor in the review of government action where their religious liberty is infringed. The law also enhances protection in religious liberty cases for groups of individuals and businesses in conscience decisions that do not involve provision of goods and services, employment and housing. ...There will be some who think this legislation goes too far and some who think it does not go far enough, but as governor I must always put the interest of our state first and ask myself every day, ‘What is best for Indiana?’ I believe resolving this controversy and making clear that every person feels welcome and respected in our state is best for Indiana. Our state is rightly celebrated for our pro-business environment, and we enjoy an international reputation for the hospitality, generosity, tolerance and kindness of our people. Hoosier hospitality is not a slogan; it is our way of life. Now that this is behind us, let’s move forward together with a renewed commitment to the civility and respect that make this state great."[14] For Pence's full statement, please click here.
- When Pence signed Indiana's Religious Freedom Restoration Act (RFRA) into law on March 26, 2015, his approval ratings dropped and Indianapolis lost an estimated $60 million in revenue, according to tourism officials.[15]
- Critics of Indiana's RFRA said it sanctioned discrimination against LGBT individuals. Facing backlash from business groups and LGBT advocates, Pence felt pressured to sign a revised version of the bill into law. Despite this, Indiana Senate President Pro Tempore David Long, said in July, “Gov. Pence got hurt, obviously, with the Religious Freedom Restoration Act fight.”[15]
- The New York Times called Pence's decision to sign Indiana's RFRA the “most consequential - and controversial” decision he made as governor.[16]
- After signing Indiana's RFRA into law, Pence refused to answer a question about whether the law legalized discrimination against LGBT people during an appearance on ABC’s "This Week."[16]
- According to Politico, evangelicals are “still peeved” that Pence signed a revised version of the RFRA bill.[16]
- Read more of Mike Pence's public statements on 2016 campaign issues.
Green candidate
Jill Stein
- On July 6, 2015, OnTheIssues asked Stein, "What do you think of businesses claiming "Religious Freedom" to oppose gay rights?" Stein replied, "Yes, like Hobby Lobby. I ask, "Whose freedom?" Freedom of corporations and the economic elite, or freedom of employees and consumers? We need to be about freedom for everybody. We need to uphold the law of the land--everybody's freedom needs to be respected--if your freedom means dominating someone else, then you don't get it--businesses cannot discriminate based on gender or religion or lack thereof--businesses are public entities that exist in the public marketplace and need to respect the dignity and human rights of everyone, period."[17]
- In the same July 6, 2015, interview, OnTheIssues followed up by asking, "How do you respond to Hobby Lobby's argument?" Stein said, "Religion is used there as a surrogate for patriarchy--usually male--to dominate women's reproductive lives. It's a misuse and an abuse of the concept of religion that is simply be used as a surrogate."[17]
- Read more of Jill Stein's public statements on 2016 campaign issues.
The 2016 Green Party Platform on civil rights and equal rights | ||||||
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Libertarian candidate
Gary Johnson
- Johnson opposed religious-based exemptions to discrimination laws.[19]
- In an interview with The Washington Examiner, Johnson was asked if the federal Religious Freedom Restoration Act can be applied to protect things like a wedding photographer who refuses to photograph a gay wedding. Johnson replied, "The problem is I don't think you can cut out a little chunk there. I think what you're going to end up doing is open up a plethora of discrimination that you never believed could exist. And it'll start with Muslims."[19]
- In the same interview with The Washington Examiner, Timothy Carney asked, "Do you think New Mexico was right to fine the photographer for not photographing the gay wedding?" Johnson replied, "Look. Here's the issue. You've narrowly defined this. But if we allow for discrimination — if we pass a law that allows for discrimination on the basis of religion — literally, we're gonna open up a can of worms when it come stop discrimination of all forms, starting with Muslims … who knows. You're narrowly looking at a situation where if you broaden that, I just tell you — on the basis of religious freedom, being able to discriminate — something that is currently not allowed — discrimination will exist in places we never dreamed of."[19]
- Asked whether it is the federal government's responsibility to prevent discrimination, Johnson responded, "Yes, yes, in all cases. Yes. And you're using an example that seems to go outside the bounds of common sense. But man, now you're back to public policy. And it's kind of like the death penalty. Do I favor the death penalty? Theoretically I do, but when you realize that there's a 4 percent error rate, you end up putting guilty people to death. I think this is analogous to hate crime. Convict me on the act of throwing a rock through somebody's window. But if you're going to convict me on my motivation for doing that, now you're back to religious freedom. I mean under the guise of religious freedom, anybody can do anything. Back to Mormonism [ed.: Johnson explained this comment later]. Why shouldn't somebody be able to shoot somebody else because their freedom of religion says that God has spoken to them and that they can shoot somebody dead."[19]
- Read more of Gary Johnson's public statements on 2016 campaign issues.
The 2016 Libertarian Party Platform on freedom of expression | ||||||
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Withdrawn candidates
Republicans
Recent news
The link below is to the most recent stories in a Google news search for the terms 2016 presidential candidates Religious Freedom Restoration Act. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
- Presidential candidates, 2016
- Electoral College
- State Legislative Tracker: U.S. Supreme Court declares Alabama redistricting plan as racial gerrymandering
- State Legislative Tracker: Religious freedom laws in Indiana and Arkansas
- Indiana State Legislature
External links
- Senate Bill 101 – Religious Freedom Restoration Act
- Senate Bill 50 – Religious Freedom Restoration Act clarification bill
- Religious Freedom Restoration Act of 1993
- ProCon.org's "Should Religious Liberty Give People the Right to Deny Goods and Services for Gay Marriage?"
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
- ↑ Twitter, "Hillary Clinton," March 26, 2015
- ↑ 8.0 8.1 8.2 8.3 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
- ↑ 10.0 10.1 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
- ↑ The Des Moines Register, "Trump 2016: Deal or no deal?" April 8, 2015
- ↑ Republican Party, "The 2016 Republican Party Platform," accessed August 23, 2016
- ↑ Indiana.gov, "Governor Pence Signs Religious Freedom Restoration Act Clarification Bill; Pence: 'Resolving this controversy, making clear that every person feels welcome and respected in our state is best for IN,'" accessed April 16, 2015
- ↑ 15.0 15.1 The Atlantic, "The GOP Shouldn't Wish for a Mike Pence 2020 Run," October 5, 2016
- ↑ 16.0 16.1 16.2 Media Matters, "At The VP Debate, Mike Pence Should Be Asked About Anti-LGBT "Religious Freedom" Laws," October 3, 2016
- ↑ 17.0 17.1 OnTheIssues, "Jill Stein on Civil Rights," July 6, 2015
- ↑ The Green Party of the United States, "Platform," August 6, 2016
- ↑ 19.0 19.1 19.2 19.3 Reason.com, "Gary Johnson’s Religious Freedom Position Needs Some Critical Analysis," July 29, 2016
- ↑ Libertarian Party, "Libertarian Party Platform," May 27, 2016
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