There is something about religious freedom that causes some folks, including many journalists, to lose all sense of reason and objectivity. Last year Mollie Hemingway wrote a blistering critique of reporting on the issue in which she said, “we have a press that loathes and works actively to suppress this religious liberty, as confident in being on the ‘right side of history’ as they are ignorant of natural rights, history, religion and basic civility.”
The recent religious freedom legislation in Indiana has proved Hemingway’s point. In an attempt to clear up some of the number of “misconceptions and unwarranted concerns about the proposal,” Notre Dame law professor Richard Garnett explains,
In fact, the act is a moderate measure that tracks a well-established federal law and the laws of several dozen other states. Contrary to what some critics have suggested, it does not give anyone a “license to discriminate,” it would not undermine our important civil-rights commitments, and it would not impose excessive burdens on Indiana’s courts. . . .
The act’s standard is applied in many jurisdictions across the land and it has long enjoyed support from across the political spectrum. This standard is not new; we have plenty of evidence about how it works. We know that courts have not applied it to require excessive accommodations or exemptions from anti-discrimination laws and civil-rights protections. Fighting invidious public discrimination is, American courts agree, a public interest of the highest order. Contrary to the concern quoted in the recent Tribune piece, a business owner or medical professional who invoked the act as a “license” to engage in such discrimination would and should lose. The act creates a balancing test, not a blank check. . . .
