While in theory, the act is designed to give protection to people who believe the state is interfering with their right to practice freedom of religion, it also opens the door for possible discrimination based on one’s faith.
One example that illustrates how this new law can be used to discriminate is a recent case in New Mexico. A lesbian couple wanted a photographer to take pictures at their wedding. However, the photographer opposed and stated that she would not take pictures at same-sex ceremonies. When the couple sued, the photographer used her Christian faith as defense. Due to the fact that New Mexico’s RFRA does not apply to suits between private parties, the New Mexico Supreme Court ruled in favor of the couple. However, in Indiana, the photographer would be protected in her discrimination against the same-sex couple as it is permitted for a private party to challenge on religious grounds. Further, while supporters point to the fact that many other states have RFRA laws in place, Indiana’s law is much broader and therefore can be used to try to justify discrimination.
It seems that if this law is to be fair, some serious adjustments are needed.