Freedom of Religion Shouldn’t Be Unconditional

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http://time.com/3629943/michigan-religious-freedom-restoration-act/

Jason Miller @RabbiJason Dec. 11, 2014
Rabbi Miller is a popular speaker and writer on technology and its effect on the Jewish world.

Michigan's Religious Freedom and Restoration Act would mean more hardships and discrimination


Have you ever heard of a rabbi who was against religious freedom? I certainly hadn’t until last week when I became one. Well, I’m not really against religious freedom per se, but I am against the “Religious Freedom and Restoration Act” (RFRA). That bill, known as HB 5958, was passed by the Michigan House of Representatives on December 4 and could soon be passed by Michigan’s Senate and then signed into law by the Governor. I am concerned.

It would seem that any congressional bill that advocated for religious freedom would be a good thing. After all, I believe that one of the most cherished benefits of living in a democracy like the United States is that we all have the right to practice our own faith. However, this bill, if signed into law, would have many negative consequences. (A similar bill was ultimately vetoed by the Governor in Arizona.)

HB 5958 seeks to “limit governmental action that substantially burdens a person’s exercise of religion,” which includes “an act or refusal to act, that is substantially motivated by a sincerely held religious belief, whether or not compelled by or central to a system of religious belief.” This language would allow individuals to choose not to service other individuals on the basis of their religious beliefs. Imagine if a bakery owner was asked to produce a wedding cake for two homosexual men who were getting married. Claiming that his deeply held religious beliefs forbid homosexuality and therefore gay marriage, the bakery owner would be able to legally refuse to sell this couple a cake. In other words, his bigotry would be upheld by state law.

Another example would be a Jewish pharmacist who refuses to fill a medicine prescription for a fellow Jew with gelatin capsules on the basis that selling non-kosher pills to another Jew violates a religious law he follows. Perhaps a Catholic pharmacist would refuse to fill a prescription for birth control pills or an abortion pill. How about a Muslim shopkeeper who could, under HB 5958, refuse to sell a bottle of wine to a fellow Muslim, citing his own Islamic beliefs.

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