A wave of state religious freedom laws have been sweeping the nation, with especially controversial acts in Indiana and Arkansas bringing up questions about first amendment rights, religion, discrimination, economics, the 2016 presidential election and allegedly homophobic pizza.
Critics say these bills, called Religious Freedom Restoration Acts (RFRAs), could allow businesses to discriminate against LGBTQ customers and refuse them service, allowing them to circumvent anti-discrimination laws.
They have prompted backlash from celebrities, CEOs and even entire states.
Illinois also has an RFRA preventing the government from burdening the free exercise of religion unless there is a compelling interest. The state also has laws making it illegal to discriminate based on sexual orientation, and those anti-discrimination laws provide the "compelling interest" to limit exercise of religion. For that reason, there is little uproar about the Illinois law. However, Indiana, Arkansas, and many other states currently lack those LGBTQ legal protections, which some critics say opens the door for discrimination.
Communication freshman Ross Cohen is a member the executive board for Rainbow Alliance, Northwestern’s LGBTQ student group, and he finds these laws disappointing.
“This is an excuse from the religious right to legalize discrimination against LGBTQ people, and the fact that they’re doing so under the guise of religious freedom is unpatriotic and disgusting,” Cohen said.
Santorum chimes in
Likely Republican presidential candidate and sweater vest aficionado Rick Santorum, who spoke at Northwestern last fall, compared making a religious restaurant owner cater a gay wedding to making a gay print shop owner print ‘God Hates Fags’ signs.
However, Arkansas resident and McCormick freshman Rebecca Hughes believes the two cannot be equated.
“It doesn’t hurt you to bake someone a cake,” Hughes said. “If I bake someone a cake, it isn’t saying I agree with every decision they’ve ever made.”
Cohen expressed a similar belief, arguing that the comparison simply cannot be made.
“For these religious businesses to imply that they need tolerance would be to imply that they are facing discrimination, which they aren’t,” Cohen said. “Christians in this country aren’t discriminated against. They are the majority, with institutional power, and they use it to oppress others. Those are the people who need tolerance and need to be supported and protected.”
Weinberg freshman Nina Sedeño is deeply religious, but believes that discrimination in the name of religious freedom is hypocritical.
“I don’t want to be discriminated against based on my religion, so I shouldn’t discriminate against people based on their sexuality,” Sedeno said.
Homophobic pizza?
A pizzeria became the poster child for the Indiana bill when, hours after the governor claimed the bill would not allow for discrimination, one pizza shop’s owners announced that they would refuse to cater a gay marriage due to their religious beliefs.
Though this declaration led to many questions regarding religious freedom and discrimination, Cohen had a bigger bone to pick.
“What kind of tacky couple would cater pizza to their wedding, gay or straight?” Cohen said. “I think we can live without this one place’s pizza at our gay weddings.”
Activists took to Yelp, posting angry one-star reviews for the restaurant, though they may have backfired. The shop has since received upwards of $800,000 in online donations supporting their stance.
Hughes said that she, as a religious resident of a state considering a RFRA bill, could not imagine her religion impacting her actions in this way.
“I think my religion would make my business more open,” Hughes said. “My religion calls me to love all people equally, even if they’re different than me.”
Part of a larger fight
Indiana Governor Mike Pence has altered the bill to try to appease its critics, and Arkansas Governor Asa Hutchinson vetoed his state’s RFRA that he had originally promised to pass. However, the battle is not yet won, as many activists still seek to prohibit discrimination against members of the LGBTQ community.
Cohen also believes that other types of discrimination deserve media attention as well, noting that transgender rights are still severely lacking.
“It’s great that discrimination is being talked about so widely in the national media, but it’s a shame that other aspects of the movement aren’t,” Cohen said. “This law dealt with the legal right to discriminate against gay customers, but there is no press about the more than half of states that still have laws making it legal to discriminate against transgender people in the workplace.”