Louisiana’s lawmakers should not
let the bigots and those whose faiths are by convenience win by failing to pursue
legislation to clarify protection of religious freedom.
State Rep. Mike Johnson, a
foremost legal authority on religion and the First Amendment, is considering a
bill that would make changes to Louisiana’s Preservation of
Religious Freedom Act. It largely mimics the federal law enacted in 1993,
because a court ruling a few years later said the federal law could not apply
to states. The law mandates that any government action that circumscribes
practice of religious belief had to show a compelling interest to do so and in
the least restrictive way.
Controversy over similar laws and
changes to them in other states have arisen this year with an expansion of the
definition, in the context of Louisiana’s version, of the concept of the “person.”
Presently, that means consideration of religious rights of individuals and
religious organizations. That definition would be expanded to include
businesses as well, the impetus for this being a past U.S. Supreme Court
decision signaling business transactions could be included in this calculus and
whether this summer the Court conjures up protection to individuals on the
basis of attitudes and behaviors other than those related to religious or political
beliefs, namely practicing homosexuality, through a redefinition of marriage
that prohibits states from confining it to between a single man and a single
woman. Already in a majority of states same-sex marriages legally can be
performed, in most instances forced upon the state by judicial fiat, meaning
that the state may compel violation of conscience.