Indiana and Arkansas Highlight the Need for Federal Comprehensive LGBT Non-Discrimination Protections

Last week, Representative David Cicilline (D-RI) released a statement on the need for comprehensive LGBT non-discrimination protections. This statement came on the heels of the controversy related to Indiana’s and Arkansas’ Religious Freedom Restoration Acts (RFRAs) and their subsequent amendments, and serves as a reminder that LGBT people in America are not afforded the same rights and protections under broad state and federal laws as many other minorities. On March 26, Indiana Governor Mike Pence signed into law the Religious Freedom Restoration Act (RFRA). As Rachel Laser, Deputy Director of Religious Action Center of Reform Judaism, pointed out in her statement, Indiana’s RFRA unlike the federal RFRA allows all for-profit corporations to “avail themselves of the religious freedom rights formerly only accorded to individuals and religious non-profits.” In addition, unlike the federal RFRA, Indiana’s RFRA allows businesses to use their “free exercise” right as a defense against lawsuits by other people, as opposed to a lawsuit against the government seeking exemption from a general, neutrally-applied laws. Many people feared that Indiana’s RFRA, as well as a similar RFRA in Arkansas, would be used by businesses to refuse service to LGBT individuals leading many business leaders, celebrities and other leaders to speak out against Indiana’s RFRA and similar legislation. Following this outcry, Indiana and Arkansas took steps to address the criticisms of the bills. Yet, it is still legal to discriminate against LGBT individuals in public accommodations in Indiana and Arkansas. In fact, it is still legal to do so in 29 states based on sexual orientation and 33 states based on gender identity. While there are federal laws banning discrimination in a variety of areas for most minorities, there is no federal law banning anti-LGBT discrimination in areas such as employment, housing and public accommodations. This new LGBT civil rights legislation, being drafted by Representative Cicilline and Senator Jeff Merkley (OR) will ensure that LGBT individuals are given the same rights and protections that prevent discrimination against many other minorities. The Reform Jewish movement has been a leading faith voice in opposing discrimination against LGBT individuals. In 1977, the Central Conference of American Rabbis and the Union for Reform Judaism affirmed the right of gay and lesbian individuals to equal protection under the law and called for the prohibition of discrimination against gay and lesbian individuals, building upon a 1965 resolution by Women of Reform Judaism that called for the decriminalization of sex between same-sex individuals (the first Reform Movement resolution that addressed LGBT rights). Recently, the Reform Movement played a leading role in organizing the faith community to support the Employment Non-Discrimination Act, which would have prohibited employment discrimination based on sexual orientation and gender identity. These state RFRAs are an important reminder that religious freedom can and must coexist with broad civil rights protections. The state-level proposals that have caught national attention contradict the original purpose of RFRA, which was to ensure that individuals and communities of faith could live freely according to their beliefs and observances. The Reform Movement played a central role in the passage of the original, federal RFRA in the 1990s, when it was passed with overwhelming, bipartisan support in Congress and signed by President Clinton. We remain committed to the goal and intent of RFRA; religious liberty is a fundamental American value, just like equality for all, and they can and must coexist. Later this month, the RAC will highlight LGBT Equality at its Consultation on Conscience. Evan Wolfson, Founder and President of Freedom to Marry, will discuss the struggle for marriage equality in the US, highlighting one of the many areas in which LGBT people still face discrimination in America.  Register now for the Consultation on Conscience from April 26-28, 2015.