INDIANA'S RELIGIOUS FREEDOM ACT - WHY ALL THE MAYHEM?

The state of Indiana recently enacted a Freedom of Religion Act that has come under severe liberal fire. The media has not exactly been forthcoming on the facts of Indiana’s new “Religious Freedom Restoration Act” (RFRA) and this has triggered a knee-jerk reaction from portions of the public. So I've decided to just pen a few facts about the Act. I know this is an emotional subject for many, but facts are always king and I want to try and unpack it in a way that makes for easy reading.

HOW DID THE ACT COME ABOUT?

1) In 1993, the United States Congress enacted a Federal Religious Freedom Restoration Act (“FEDERAL RFRA”), which gives Americans the right to practice their religion, free of government interference, except where necessary to serve a “compelling government interest”. That law was passed unanimously in the House with a 97-3 vote in the Senate. Bill Clinton was among those who praised it and signed it.

2) Four years later in 1997, the Supreme Court of the United States said that the FEDERAL RFRA could not constitutionally be applied to the states and if states want to protect religious practice subject to the “compelling government interest test”, they would have to do it themselves by enacting state legislation.

3) Following this, many states began enacting their own RFRAs with the same “compelling government interest test” being applied, including the state of Illinois which got its RFRA in place with the help of a young state senator called Barrack Obama.

4) Indiana is the 20th state to enact an RFRA.

5) The text of the FEDERAL RFRA says “The Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person— (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.”

6) The text of Indiana's RFRA is substantially the same as the FEDERAL RFRA and says “A governmental entity may substantially burden a person's exercise of religion only if the governmental entity demonstrates that application of the burden to the person: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.”

7) There are now twenty states in the US that have got RFRAs, and eleven more that have interpreted their state constitution to provide the same level of protection. These 31 states include most of the big states of the US. So Indiana is definitely not alone and its RFRA is drafted in away that it is predominantly in line with the Federal one. 

8) Federal Law supersedes State Law in any event on this subject. A state RFRA cannot protect anyone against federal law. If the Supreme Court requires states to recognize same-sex marriage, no state RFRA will create exemptions from that.

Therefore, when we pull ourselves out of the media storm, we see that Indiana’s RFRA is simply an Act that provides for freedom of religion in substantially the same way that the Federal Act does and the Constitution does. It makes no mention of anything else. So the real question when discussing Indiana’s RFRA is: “Do you believe in freedom of religion?” There is no other issue the Act deals with.

SO WHY THE VIOLENT REACTION?

The media is partly to blame for creating the storm around Indiana’s RFRA by using short, misleading one-liners in their reporting. From what I have seen (in the liberal media at least), I don’t think they have even read the text of the Act, nor do they refer to the text at all. They also don’t make reference to the fact that the Act has substantially the same wording as the FEDERAL RFRA or that Indiana is the 20th state to enact legislation like this. The reporting has actually been very irresponsible and has created an emotional and misled response.

Thankfully there are many journalists and media skeptics though who have done their research themselves and are coming out in favour of the Act. One of those is John McCormack of the Weekly Standard and I have found him to be a good person to follow on this subject to get some real context and balance on the RFRA because he is:

1) pro same-sex marriage AND

2) pro freedom of religion.

He was in fact one of the people who filed a brief in the Supreme Court urging the Court to require same-sex marriage as a matter of constitutional law. And he asked the court to protect the religious liberty of dissenters. He says “I believe in “liberty and justice for all," with an emphasis on "ALL."

It is also important to note that the RFRA acts as a shield and not as a sword. No-one can use an RFRA Act to attack anyone. They can only use it to defend themselves against an attack, and even then their defence is not guaranteed as all rights will be weighed against each other.

SO WHERE DOES THAT LEAVE US?

I know there are many who have seen these skewed, short headlines and as a result, facebook is now full of “Nevermind religious freedom! Stuff freedom of religion” but it's important to look at actual cases that show how this debate unfolds in real life situations (not in a hypothetical or theoretical sense). If you haven’t followed the Baronelle Stutzman case, take seven minutes to watch her story at https://alliancedefendingfreedom.org/arlene-flowers?referral=I0215ARLF1 to get a peak at the other side (there are always two sides). The answer is not as simple as the Left would have us believe.

The Constitution is full of competing rights. The reason for competing rights is because all cases are different and must be decided on the facts. There is no way that law-makers can think of every potential scenario when legislating so they put the rights in place and let the courts decide each case on the facts. The fact that there are competing rights in place ensures that it is not an “automatic win” for anyone! In each case, you pull out your “right card” and the other person pulls out their “right card” and the judge weighs it up and makes his/her decision based on the particular facts of that situation.

When looking at any particular case where rights are pitted against each other, we can stand on either side of the fence in the matter and say “I think the right to equality should trump the right to freedom of religion in this particular case” or “I think the right to freedom of religion should trump the right to equality in this particular case” or “I think the right to freedom of expression should trump that person’s right to privacy in this particular case.” We all have different opinions when a case arises and we’re discussing the facts, BUT the building blocks of our debate, the foundation on which a free society stands - THE RIGHTS THEMSELVES - should never be in question. For any meaningful debate to take place, we have to start on the premise that both rights are important and then go from there. If we’re going to start saying “This right must trump that right in every conceivable situation” we’re going to hit dangerous ground because we cannot think of every conceivable situation, can we?

The goal of this blog is simply to get people thinking. We all know that the media is well capable of pushing an agenda and creating panic where there shouldn’t be. Be aware of that and investigate all the facts for yourself before deciding where you stand. A knee-jerk reaction is often not one that is founded on all the facts. 

If all the doors are closed, look for the window

"You can blame circumstances, but backsliding always begins in the heart (AW Tozer)"

We were driving back from Kommetjie yesterday and I had 2 hours of quiet time in the car to think. There was no talking and I knew that Nick was thinking too. We’d had a fun weekend but as soon as there are quiet moments, our thoughts usually revert to the question of “What now? How do we move forward? How long before the break through?”

I am usually an optimist of note, but my faith took a knock at the end of last year (which I will tell you about sometime) and I am ashamed to say I didn't fight for it like I should have. So increasingly I have noticed out-of-character pessimistic sentences dropping out of my mouth over the last few months. Nick even said to me the other day “Oh no, no, no, no, NO! There is only room for one pessimist in this family. It has never been you, it doesn’t suit you, and it will never be you. That place is taken!”

I think I can sum it up by saying that my usual prayer to God over the years of “I know it is coming!” recently turned into “Is it coming?” and then subconsciously into a quiet “It’s not coming, is it?”

Unbelief! In a God who has only ever been good to me. In a God who sent His only son to save me. Tears fill in my eyes as I confess that because I can't believe I opened the door to it and allowed it in. Unbelief is a very dangerous sin to toy with. I listened to two David Wilkerson preaches today and in the one, he spoke about unbelief. 

What is unbelief for a Christian? It’s not the denial of Christ. It’s not going so far as to say “God doesn’t answer prayers.” No, we would never say that.... It is the quiet nagging thought in the back of your mind that says “God does answer prayers. Just not mine.” That is the sin of unbelief in a Christian, and it is not to be toyed with or fed or justified… not even for a second. It is rooted in self and ultimately leads to the death of your faith, your joy and your peace. When you allow unbelief in, first of all it grieves the heart of God. And second of all, you turn to your own answers, your own plans and fear becomes the rudder for your life.

If we were to write down every miracle we have seen in our lives, most of us who have walked a road with Christ could write a book of testimonies. There have been miraculous moments of provision, moments of breakthrough, moments of freedom, answers to prayers, healings, and lives turned around… And yet, when the crisis comes, we sometimes forget about all the Lord has said and done and we panic… “The hardest part of faith is the last half hour.”

As we neared home yesterday, I turned to Nick and spoke my thoughts out loud:

“I choose to hope. For the sake of my body, for the sake of my soul, for the sake of my spirit. I choose to hope. Even if there is no earthly reason to do so. Even if all the natural evidence points to the situation being hopeless - I CHOOSE TO WAKE UP EVERY MORNING WITH HOPE. If my hope is sick, I am not going to kill it. I’m going to give it medicine and make it well again! I need it. I’m going to treat it like the precious gift it is and feed it and nurture it.”

Hope stems from the belief that everything that happens to me has been sifted through the hand of a God who is loving, good and sovereign. Hope says no matter what it looks like - God is in control, He loves you and He knows what He is doing. He is busy fulfilling His plan for your life. He is the author and the finisher of your faith. Do not let go of the promises He has given you. 

There is a thread that runs through the Bible when it comes to the promises of God…. Every time God makes a promise to someone, the first thing He does is sentence that promise to death... We hear the promise, we know it’s God, it settles in the sand of our heart like an anchor – and then God rolls in death upon achievement of that promise. The promise doesn’t die – but all human means of achieving the promise dies... And as death rolls over every human possibility of fulfilling the promise, we have what David Wilkerson calls a “window or faith” …. a precious moment in the Lord when we come to the end of all of our human efforts and nothing has worked. At that moment, we can choose to doubt God, or we can choose to say “I don’t understand anymore, Lord. I don’t know why I am going through this. As people look at my life, they may doubt you Lord. But I WILL NOT! And if I live like this until I get to glory one day, so be it!”

People speak about “windows of opportunity”to get things done, but God works with “windows of faith”. A window of faith appears when there is no possible human plan. If you can figure it out, there is no place for a window of faith… But when you can’t figure it out, THAT is where your window of faith appears. As every bit of human hope dies in the promise, there appears a glorious window of faith for you to believe God when circumstances seem to show there is no hope.

We think that we need all of our ducks in a row for the promises of God to be fulfilled, but God does not operate out of human wisdom. When there aren’t even any ducks in sight and we have cried and prayed and fasted and come to the point where we say “Not my will, but yours” – THAT is when He moves.

If you’re in an impossible situation, don’t waste your window of faith. When you find yourself in a situation you don’t understand at all, think to yourself “God, you’ve given me an opportunity to have faith in an impossible situation. Just like Abraham. Just like Joseph. Just like Noah. Just like David. I am not going to waste this opportunity that I have to stand in the ruins of my situation and declare GOD IS GOOD! As for me, I trust in you. And I will trust in you until my last breath. Even when the people around me doubt your goodness, Lord, let it be known that I will not.”

The Bible says we are surrounded by a great cloud of witnesses… here are some things that some of these witnesses said when all the doors of human possibility closed and their window of faith appeared:

“Though he slay me, yet will I hope in him.” – (JOB)

“If we are thrown into the blazing furnace, the God we serve is able to deliver us from it, and he will deliver us from Your Majesty's hand. But even if he does not, we want you to know, Your Majesty, that we WILL NOT serve your gods or worship the image of gold you have set up." (SHADRACH, MESHACH AND ABEDNEGO)

"Look, I see heaven open and the Son of Man standing at the right hand of God." (STEPHEN - RIGHT BEFORE HE WAS STONED TO DEATH FOR HIS FAITH)

“Be merciful to me, Lord, for I am in distress; my eyes grow weak with sorrow, my soul and body with grief. My life is consumed by anguish and my years by groaning; my strength fails because of my affliction, and my bones grow weak. Because of all my enemies, I am the utter contempt of my neighbours and an object of dread to my closest friends— those who see me on the street flee from me. I am forgotten as though I were dead; I have become like broken pottery.  For I hear many whispering, “Terror on every side!” They conspire against me and plot to take my life. But I trust in you, Lord; I say, “You are my God.” – (DAVID)

“"My Father, if it is possible, may this cup be taken from me. Yet not as I will, but as you will." (JESUS – RIGHT BEFORE HE WENT TO THE CROSS)

To become a legend of the faith, we need to embrace impossible situations and use them as an opportunity to trust in God against all the human odds. Like Will Marais says “When I am surrounded by the unknown, I go back to what is known! God is good. God is love. God is sovereign. And God is merciful. And that is all I need to know.”