Comparing the Federal RFRA and the Indiana RFRA | Josh Blackman's BlogSo the most controversial aspect of the Indiana law was endorsed by the Holder Justice Department. [Update: I should stress that at the time, DOJ limited the applicability of RFRA to “religious organizations,” such as Wheaton College. But following Hobby Lobby this position is no longer tenable.]
There here we have it. Indiana, as well as Arizona’s RFRAs are very similar to the Federal RFRA. In contrast, Mississippi’s RFRA, which only requires a “burden,” not a “substantial” one, deviates significantly from the federal statute.
I should stress–and this point was totally lost in the Indiana debate–that RFRA does not provide immunity. It only allows a defendant to raise a defense, which a finder of fact must consider, like any other defense that can be raised under Title VII or the ADA. RFRA is *not* a blank check to discriminate.
And who is this guy?
About Josh | Josh Blackman's BlogJosh is an Assistant Professor of Law at the South Texas College of Law who specializes in constitutional law, the United States Supreme Court, and the intersection of law and technology. Josh is the author of the critically acclaimed Unprecedented: The Constitutional Challenge to Obamacare.
Josh was selected by Forbes Magazine for the “30 Under 30″ in Law and Policy.Josh has testified before the House Judiciary Committee on the constitutionality of executive action on immigration. Josh is the founder and President of the Harlan Institute, the founder of FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League, and blogs at JoshBlackman.com. Josh leads the cutting edge of legal analytics as Director of Judicial Research at LexPredict. Josh is the author of over two dozen law review articles, and his commentary has appeared in The New York Times, Wall Street Journal, Washington Post, USA Today, L.A. Times, and other national publications.
Josh clerked for the Honorable Danny J. Boggs on the U.S. Court of Appeals for the 6th Circuit and for the Honorable Kim R. Gibson on the U.S. District Court for the Western District of Pennsylvania.
Josh is a graduate of the George Mason University School of Law.
I'll go with what Josh here says, in that it's more similar to the federal statute than not.
Nancy Pelosi said: “We have to pass it, to find out what’s in it.” A Doctor called to a radio show & said: "That's the definition of a stool sample"
"Under my plan of a cap-and-trade system, electricity rates would necessarily skyrocket," Barack Obama January 2008