Are we prepared to handcuff a feminist photographer who won’t take pictures at a strip club? The only identifiable victim of Indiana’s new Religious Freedom Restoration Act is the First Amendment’s Freedom of Association clause. Like Joan of Arc, it has been burned at the stake. In the name of nondiscrimination, Republican governor Mike Pence has surrendered to the angry mobs that erupted like the Sandinistas’ turbinas divinas. Despite RFRA’s similarity to a 22-year-old federal statute and laws in 18 other states, liberal activists and journalists have distorted Indiana’s measure into an alleged anti-gay hit list.
It never helps that laws like this one focus solely on the rights of religious people. As vital as religious liberty is, what about the rights of the 25 percent of Americans who have no faith? The safe harbors that these laws attempt to dredge should not, themselves, discriminate against nonbelievers. The sorts of freedoms shielded by Indiana’s new law — and nearly identical pieces of legislation heralded by the ACLU, signed by President Clinton, and supported by Obama in the Illinois state senate — should be protected for all Americans, be they religious, agnostic, atheist, confused, or otherwise.