2016 presidential candidates on the Religious Freedom Restoration Act

• 2020 Candidates
  • Timeline of presidential announcements
• 2016 Pres. Election
  • Candidates
    • General election candidates
      • Republicans
        • Donald Trump
      • Democrats
        • Hillary Clinton
      • Third Party
        • Gary Johnson
        • Jill Stein
    • 2016 vice presidential candidates
      • Possible vice presidential picks
    • Withdrawn candidates
      • Democrats
        • Lincoln Chafee
        • Lawrence Lessig
        • Martin O'Malley
        • Bernie Sanders
        • Jim Webb
      • Republicans
        • Jeb Bush
        • Ben Carson
        • Chris Christie
        • Ted Cruz
        • Carly Fiorina
        • Jim Gilmore
        • Lindsey Graham
        • Mike Huckabee
        • Bobby Jindal
        • John Kasich
        • George Pataki
        • Rand Paul
        • Rick Perry
        • Marco Rubio
        • Rick Santorum
        • Scott Walker
    • POTUS
      • Barack Obama
      • Former presidents
        • George W. Bush
        • Bill Clinton
        • George H.W. Bush
        • Ronald Reagan
        • Jimmy Carter
  • Presidential debates (2015-2016)
  • Ballot access for presidential candidates
  • Important campaign dates
  • Delegate rules
  • Polling
  • Presidential campaign fundraising, 2008-2016
  • Ratings and scorecards
  • Straw polling
  • Democratic National Convention, 2016
  • Republican National Convention, 2016
• Analysis
  • Media narratives
    • The media's coverage of Donald Trump
    • The media's coverage of Hillary Clinton
  • Post-debate analysis
    • Democrats
      • April 14, 2016 (CNN)
      • March 9, 2016 (Univision)
      • March 6, 2016 (CNN)
      • February 11, 2016 (PBS)
      • February 4, 2016 (MSNBC)
      • January 17, 2016 (NBC)
      • December 19, 2015 (ABC)
      • November 14, 2015 (CBS)
      • October 13, 2015 (CNN)
    • Republicans
      • March 10, 2016 (CNN)
      • March 3, 2016 (FNC)
      • February 25, 2016 (CNN)
      • February 13, 2016 (CBS)
      • February 6, 2016 (ABC)
      • January 28, 2016 (FNC)
      • January 14, 2016 (FBN)
      • December 15, 2015 (CNN)
      • November 10, 2015 (FBN)
      • October 28, 2015 (CNBC)
      • September 16, 2015 (CNN)
  • Insiders Polls
    • Full Insiders coverage
    • September: Democratic control of the White House
    • September: Democratic control of Congress
    • January: Democratic
    • January: Republican
    • December: Democratic
    • December: Republican
    • Insiders Poll: First Democratic debate (October 13, 2015)
    • September: Democratic
    • September: Republican
    • Insiders Poll: Winners and losers from the Fox News Republican Debate
  • Post-debate commentary
    • CNN Democratic debate: analysis and commentary
    • CNN Republican debate: analysis and commentary
    • Post-debate analysis: James A. Barnes, Karlyn Bowman and David Kusnet
• Issues
  • Domestic affairs
    • Current events
      • Black Lives Matter movement
      • DACA and DAPA
      • Defunding Planned Parenthood
      • Marriage equality
      • RFRA
      • Scalia and Supreme Court vacancy
      • U.S. Supreme Court nominee Merrick Garland
      • Transgender restroom access
      • Zika virus
    • Abortion
    • Branches of government
    • Civil liberties
    • Climate change
    • Constitution
    • Crime and justice
    • Bildung
    • Energy and environmental policy
    • Epidemic control
    • Federal assistance programs
    • Gun control
    • Gesundheitswesen
    • Immigration
    • Infrastructure
    • LGBTQ rights
    • Marijuana
    • Puerto Rico
    • Rural policy
    • Stop-and-frisk policing
    • Urban policy
  • Economic affairs and government regulations
    • Agriculture and food policy
    • Budgets
    • Government regulations
    • Labor and employment
    • Trade
    • Trans-Pacific Partnership trade deal
    • Taxes
    • Wall Street and banking policy
  • Foreign affairs and national security
    • Cuba
    • Foreign affairs
    • Iran nuclear deal
    • ISIS and terrorism
    • Military and veterans
    • National security
    • North Korea
    • Russland
    • Syrian refugees
    • Technology, privacy, and cybersecurity
  • Political savvy
    • Political and leadership attributes
    • Campaign preparations
• Power Players
  • Super PACs
  • Presidential campaign key staff and advisors
  • Staff changes
• Polls
  • BP battleground poll
  • Polls
• Conventions & delegates
  • Delegates
  • Republican National Convention, 2016
    • Republican delegates by state, 2016
    • Rule 40 and its impact on the 2016 Republican National Convention
    • Republican National Committee
  • Democratic National Convention, 2016
    • Democratic National Committee

2016 Presidential Election Date: November 8, 2016

Candidates Winner: Donald Trump (R) Hillary Clinton (D) • Jill Stein (G) • Gary Johnson (L) • Vice presidential candidates

Election coverage Important dates • Nominating process • Ballotpedia's 2016 Battleground Poll • Polls • Debates • Presidential election by state • Ratings and scorecards

Ballotpedia's presidential election coverage 2024 • 2020 • 2016 Have you subscribed yet? Join the hundreds of thousands of readers trusting Ballotpedia to keep them up to date with the latest political news. Sign up for the Daily Brew. Click here to learn more.

For information about the First Amendment under the Trump administration, click here.

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. 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."

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."

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."

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." Pence signed the clarification bill, Senate Bill 50, on April 2. The law took effect on July 1, 2015.

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."

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:

Hillary Clinton's tweet from April 1, 2015

• 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."

• Read more of Hillary Clinton's public statements on 2016 campaign issues.

The 2016 Democratic Party Platform on guaranteeing LGBT rights

" Guaranteeing Lesbian, Gay, Bisexual, and Transgender Rights Democrats applaud last year’s decision by the Supreme Court that recognized that LGBT people—like other Americans—have the right to marry the person they love. But there is still much work to be done. LGBT kids continue to be bullied at school, restaurants can refuse to serve transgender people, and same-sex couples are at risk of being evicted from their homes. That is unacceptable and must change. Democrats will fight for the continued development of sex discrimination law to cover LGBT people. We will also fight for comprehensive federal nondiscrimination protections for all LGBT Americans, to guarantee equal rights in areas such as housing, employment, public accommodations, credit, jury service, education, and federal funding. We will oppose all state efforts to discriminate against LGBT individuals, including legislation that restricts the right to access public spaces. We support a progressive vision of religious freedom that respects pluralism and rejects the misuse of religion to discriminate. We will combat LGBT youth homelessness and improve school climates. We will support LGBT elders, ensure access to necessary health care, and protect LGBT people from violence— including ending the crisis of violence against transgender Americans. We will also promote LGBT human rights and ensure America’s foreign policy is inclusive of LGBT people around the world. ” —2016 Democratic Party Platform

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."
• At the same Greensboro, North Carolina, rally, Kaine said that the country must go "forward, not back" on LGBT rights.
• 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.
• 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."

• Read more of Donald Trump's public statements on 2016 campaign issues.

The 2016 Republican Party Platform on religious freedom

" The First Amendment: Religious Liberty The Bill of Rights lists religious liberty, with its rights of conscience, as the first freedom to be protected. Religious freedom in the Bill of Rights protects the right of the people to practice their faith in their everyday lives. As George Washington taught, “religion and morality are indispensable supports” to a free society. Similarly, Thomas Jefferson declared that “No provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority.” Ongoing attempts to compel individuals, businesses, and institutions of faith to transgress their beliefs are part of a misguided effort to undermine religion and drive it from the public square. As a result, many charitable religious institutions that have demonstrated great success in helping the needy have been barred from receiving government grants and contracts. Government officials threaten religious colleges and universities with massive fines and seek to control their personnel decisions. Places of worship for the first time in our history have reason to fear the loss of tax-exempt status merely for espousing and practicing traditional religious beliefs that have been held across the world for thousands of years, and for almost four centuries in America. We value the right of America’s religious leaders to preach, and Americans to speak freely, according to their faith. Republicans believe the federal government, specifically the IRS, is constitutionally prohibited from policing or censoring speech based on religious convictions or beliefs, and therefore we urge the repeal of the Johnson Amendment. We pledge to defend the religious beliefs and rights of conscience of all Americans and to safeguard religious institutions against government control. We endorse the First Amendment Defense Act, Republican legislation in the House and Senate which will bar government discrimination against individuals and businesses for acting on the belief that marriage is the union of one man and one woman. This Act would protect the non-profit tax status of faith-based adoption agencies, the accreditation of religious educational institutions, the grants and contracts of faith-based charities and small businesses, and the licensing of religious professions — all of which are under assault by elements of the Democratic Party. We encourage every state to pass similar legislation. We likewise endorse the efforts of Republican state legislators and governors who have defied intimidation from corporations and the media in defending religious liberty. We support laws to confirm the longstanding American tradition that religious individuals and institutions can educate young people, receive government benefits, and participate in public debates without having to check their religious beliefs at the door. Our First Amendment rights are not given to us by the government but are rights we inherently possess. The government cannot use subsequent amendments to limit First Amendment rights. The Free Exercise Clause is both an individual and a collective liberty protecting a right to worship God according to the dictates of conscience. Therefore, we strongly support the freedom of Americans to act in accordance with their religious beliefs, not only in their houses of worship, but also in their everyday lives. We support the right of the people to conduct their businesses in accordance with their religious beliefs and condemn public officials who have proposed boycotts against businesses that support traditional marriage. We pledge to protect those business owners who have been subjected to hate campaigns, threats of violence, and other attempts to deny their civil rights. We support the public display of the Ten Commandments as a reflection of our history and our country’s Judeo-Christian heritage and further affirm the rights of religious students to engage in voluntary prayer at public school events and to have equal access to school facilities. We assert the First Amendment right of freedom of association for religious, private, service, and youth organizations to set their own membership standards. ” —2016 Republican Party Platform

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." 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.
• 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.”
• The New York Times called Pence's decision to sign Indiana's RFRA the “most consequential - and controversial” decision he made as governor.
• 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."
• According to Politico, evangelicals are “still peeved” that Pence signed a revised version of the RFRA bill.
• 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."
• 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."
• Read more of Jill Stein's public statements on 2016 campaign issues.

The 2016 Green Party Platform on civil rights and equal rights

" A. Civil Rights and Equal Rights ... 7. Religious Freedom and Secular Equality The United States Bill of Rights guarantees freedom of religion. We affirm the right of each individual to the exercise of conscience and religion, while maintaining the constitutionally mandated separation of government and religion. We believe that federal, state, and local governments must remain neutral regarding religion. We call for: a. Ending discriminatory federal, state, and local laws against particular religious beliefs, and non-belief. The U.S. Constitution states that there shall be no religious test for public office. This requirement should apply to oaths (or affirmations) for holding public office at any level, employment at all government levels, oaths for witnesses in courts, oaths for jury membership, and the oath for citizenship. b. Prosecution of hate crimes based on religious affiliation or practice. c. Elimination of displays of religious symbols, monuments, or statements on government buildings, property, websites, money, or documents. d. Restoration of the Pledge of Allegiance to its pre-1954 version, eliminating the politically motivated addition of "under God." e. Ending faith-based initiatives and charitable choice programs, whereby public funds are used to support religious organizations that do not adhere to specified guidelines and standards, including anti-discrimination laws. f. Ending school vouchers whereby public money pays for students in religious schools. g. Ending governmental use of the doctrines of specific religions to define the nature of family, marriage, and the type and character of personal relationships between consenting adults. h. Ending religiously based curricula in government-funded public schools. i. Ending the use of religion as a justification to deny children necessary medical care or subject them to physical and emotional abuse. j. Ending the use of religion by government to define the role and rights of women in our society. k. Revocation of the Congressional charter of the Boy Scouts of America. Any private organization that practices bigotry against certain religious beliefs and classes of people should not have a Congressional endorsement or access to public property and funds. ” —2016 Green Party Platform

Libertarian candidate

Gary Johnson

• Johnson opposed religious-based exemptions to discrimination laws.
• 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."
• 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."
• 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."
• Read more of Gary Johnson's public statements on 2016 campaign issues.

The 2016 Libertarian Party Platform on freedom of expression
" 1.2 Expression and Communication We support full freedom of expression and oppose government censorship, regulation or control of communications media and technology. We favor the freedom to engage in or abstain from any religious activities that do not violate the rights of others. We oppose government actions which either aid or attack any religion. ” —2016 Libertarian Party Platform

Withdrawn candidates

Democrats

• Martin O'Malley on RFRA
• Bernie Sanders on RFRA

Republicans

• Jeb Bush on RFRA
• Ben Carson on RFRA
• Chris Christie on RFRA
• Ted Cruz on RFRA
• Carly Fiorina on RFRA
• Mike Huckabee on RFRA
• Bobby Jindal on RFRA
• John Kasich on RFRA
• George Pataki on RFRA
• Rand Paul on RFRA
• Marco Rubio on RFRA
• Rick Santorum on RFRA

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.

2016 presidential candidates on the Religious Freedom Restoration Act - Google News

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?"