Religious freedom laws had their origin in Oregon
An Oregon case led to the federal religious protection law, but the Indiana and Arkansas state laws are controversial because they are much broader.
12:40 p.m. PDT April 6, 2015
Ron Eachus
Ron Eachus of Salem is a former legislator and a former chairman of the Oregon Public Utility Commission.
It would have been a lot easier for supporters of the controversial Indiana and Arkansas laws on protection of religious freedom to claim they weren't about allowing discrimination if so many supporters had not already said that's exactly what the laws were about.
It would have been easier for defenders to claim the laws merely mirrored the federal Religious Freedom Restoration Act if the laws weren't different in language, scope and impact than the federal law.
The federal RFRA has its origins in Oregon.
Prior to 1990, U.S. Supreme Court decisions established a high standard for justifying the imposition of a substantial burden on the rights of someone to freely exercise their religion. "Strict scrutiny" was required. The government had to show it had a "compelling interest" and the burden imposed couldn't be achieved by less restrictive measures.
http://www.statesmanjournal.com/story/opinion/columnists/ron-eachus/2015/04/06/religious-freedom-laws-origin-oregon/25371129/
The case is
Oregon v. Smith and involved the use of peyote during a religious ceremony of the Native American Church. Smith and Black were later fired from their jobs for illegal drug use and their claim for unemployment compensation was denied. This case ensued.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=494&invol=872
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