In an article titled “Indiana’s ‘Religious Freedom Restoration’ Law is Far Broader Than RFRA,” Jeffrey Pasek, a member of Cozen O’Connor’s Labor & Employment Department, comments on Indiana’s Religious Freedom Restoration Act. ““This bill goes far beyond the federal RFRA,” explains Jeff. “It would fall to the individual who is being discriminated against to attempt to justify an otherwise neutral law by asserting that the government has a compelling interest in enforcing the law, but nothing in this bill says the government has to get involved in those cases,” he added. “At least if someone outright challenges a governmental requirement against government enforcement, we can expect the government to make a reasoned decision about whether to support its requirement and to apply that rationale on an even-handed basis. That is totally lacking here.”
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