Showing posts with label Religious Freedom Restoration Act. Show all posts
Showing posts with label Religious Freedom Restoration Act. Show all posts

Wednesday, April 1, 2015

Former "Orthodox" Assemblyman Ryan Karben, Defends Cuomo's Attack On Jewish Religious Liberty

Former "Orthodox" Assemblyman Ryan Karben Defends Cuomo's Attack On Jewish Religious Liberty
Ryan Karben's attack on religon 

I think Ryan's just upset that the bill wouldn't allow him to molest his male interns


Text of bill that Karben loathes that only protects freedom of religion, and not molesting his male interns
SENATE ENROLLED ACT No. 101
AN ACT to amend the Indiana Code concerning civil procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION1.IC34-13-9 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]:
Chapter 9. Religious Freedom Restoration
Sec. 1. This chapter applies to all governmental entity statutes, ordinances, resolutions, executive or administrative orders, regulations, customs, and usages, including the implementation or application thereof, regardless of whether they were enacted, adopted, or initiated before, on, or after July 1, 2015.
Sec. 2. A governmental entity statute, ordinance, resolution, executive or administrative order, regulation, custom, or usage may not be construed to be exempt from the application of this chapter unless a state statute expressly exempts the statute, ordinance, resolution, executive or administrative order, regulation, custom, or usage from the application of this chapter by citation to this chapter.
Sec. 3. (a) The following definitions apply throughout this section: (1) "Establishment Clause" refers to the part of the First Amendment of the Constitution of the United States or the Constitution of the State of Indiana prohibiting laws respecting the establishment of religion. (2) "Granting", used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions. (b) This chapter may not be construed to affect, interpret, or in any way address the Establishment Clause. (c) Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, does not constitute a violation of this chapter.
Sec. 4. As used in this chapter, "demonstrates"means meets the burdens of going forward with the evidence and of persuasion.
Sec. 5. As used in this chapter, "exercise of religion" includes any exercise of religion,whether or not compelled by, or central to, a system of religious belief.
Sec. 6. As used in this chapter, "governmental entity" includes the whole or any part of a branch, department, agency, instrumentality, official, or other individual or entity acting under color of law of any of the following: (1) State government. (2) A political subdivision (as defined in IC 36-1-2-13). (3) An instrumentality of a governmental entity described in subdivision(1) or (2), including a state educational institution, a body politic, a body corporate and politic, or any other similar entity established by law.
Sec. 7. As used in this chapter, "person" includes the following: (1) An individual. (2) An organization, a religious society, a church, a body of communicants, or a group organized and operated primarily for religious purposes. (3) A partnership, a limited liability company, a corporation, a company, a firm, a society, a joint-stock company, an unincorporated association, or another entity that: (A) may sue and be sued; and (B) exercises practices that are compelled or limited by a system of religious belief held by: (i) an individual; or (ii) the individuals; who have control and substantial ownership of the entity, regardless of whether the entity is organized and operated for profit or nonprofit purposes.
Sec. 8. (a) Except as provided in subsection (b), a governmental entity may not substantially burden a person's exercise of religion, even if the burden results from a rule of general applicability. (b) 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.
Sec. 9. A person whose exercise of religion has been substantially burdened, or is likely to be substantially burdened, by a violation of this chapter may assert the violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the state or any other governmental entity is a party to the proceeding. If the relevant governmental entity is not a party to the proceeding, the governmental entity has an unconditional right to intervene in order to respond to the person's invocation of this chapter.
Sec. 10. (a) If a court or other tribunal in which a violation of this chapter is asserted in conformity with section 9 of this chapter determines that: (1) the person's exercise of religion has been substantially burdened, or is likely to be substantially burdened; and (2) the governmental entity imposing the burden has not demonstrated that application of the burden to the person: (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest; the court or other tribunal shall allow a defense against any party and shall grant appropriate relief against the governmental entity. (b) Relief against the governmental entity may include any of the following: (1) Declaratory relief or an injunction or mandate that prevents, restrains, corrects, or abates the violation of this chapter. (2) Compensatory damages. (c) In the appropriate case,the court or other tribunal also may award all or part of the costs of litigation, including reasonable attorney's fees, to a person that prevails against the governmental entity under this chapter.
Sec. 11. This chapter is not intended to, and shall not be construed or interpreted to, create a claim or private cause of action against any private employer by any applicant, employee, or former employee.

Tuesday, March 31, 2015

Because Indiana Protects Religious Rights, Governor Cuomo Bans State Travel There


"Today, I direct all agencies, departments, boards and commissions to immediately review all requests for state funded or state sponsored travel to the State of Indiana and to bar any such publicly funded travel that is not essential to the enforcement of state law or public health and safety. The ban on publicly funded travel shall take effect immediately.

"New York State has been, and will continue to be, a leader in ensuring that all LGBT persons enjoy full and equal civil rights. With this action, we stand by our LBGT family members, friends and colleagues to ensure that their rights are respected."
Andrew Cuomo

How can David Lobl rationalize working as a Jewish Liaison For Andrew Cuomo, who has policies such as this?


Text of bill that Cuomo loathes that only protects freedom of religion
SENATE ENROLLED ACT No. 101
AN ACT to amend the Indiana Code concerning civil procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION1.IC34-13-9 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]:
Chapter 9. Religious Freedom Restoration
Sec. 1. This chapter applies to all governmental entity statutes, ordinances, resolutions, executive or administrative orders, regulations, customs, and usages, including the implementation or application thereof, regardless of whether they were enacted, adopted, or initiated before, on, or after July 1, 2015.
Sec. 2. A governmental entity statute, ordinance, resolution, executive or administrative order, regulation, custom, or usage may not be construed to be exempt from the application of this chapter unless a state statute expressly exempts the statute, ordinance, resolution, executive or administrative order, regulation, custom, or usage from the application of this chapter by citation to this chapter.
Sec. 3. (a) The following definitions apply throughout this section: (1) "Establishment Clause" refers to the part of the First Amendment of the Constitution of the United States or the Constitution of the State of Indiana prohibiting laws respecting the establishment of religion. (2) "Granting", used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions. (b) This chapter may not be construed to affect, interpret, or in any way address the Establishment Clause. (c) Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, does not constitute a violation of this chapter.
Sec. 4. As used in this chapter, "demonstrates"means meets the burdens of going forward with the evidence and of persuasion.
Sec. 5. As used in this chapter, "exercise of religion" includes any exercise of religion,whether or not compelled by, or central to, a system of religious belief.
Sec. 6. As used in this chapter, "governmental entity" includes the whole or any part of a branch, department, agency, instrumentality, official, or other individual or entity acting under color of law of any of the following: (1) State government. (2) A political subdivision (as defined in IC 36-1-2-13). (3) An instrumentality of a governmental entity described in subdivision(1) or (2), including a state educational institution, a body politic, a body corporate and politic, or any other similar entity established by law.
Sec. 7. As used in this chapter, "person" includes the following: (1) An individual. (2) An organization, a religious society, a church, a body of communicants, or a group organized and operated primarily for religious purposes. (3) A partnership, a limited liability company, a corporation, a company, a firm, a society, a joint-stock company, an unincorporated association, or another entity that: (A) may sue and be sued; and (B) exercises practices that are compelled or limited by a system of religious belief held by: (i) an individual; or (ii) the individuals; who have control and substantial ownership of the entity, regardless of whether the entity is organized and operated for profit or nonprofit purposes.
Sec. 8. (a) Except as provided in subsection (b), a governmental entity may not substantially burden a person's exercise of religion, even if the burden results from a rule of general applicability. (b) 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.
Sec. 9. A person whose exercise of religion has been substantially burdened, or is likely to be substantially burdened, by a violation of this chapter may assert the violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the state or any other governmental entity is a party to the proceeding. If the relevant governmental entity is not a party to the proceeding, the governmental entity has an unconditional right to intervene in order to respond to the person's invocation of this chapter.
Sec. 10. (a) If a court or other tribunal in which a violation of this chapter is asserted in conformity with section 9 of this chapter determines that: (1) the person's exercise of religion has been substantially burdened, or is likely to be substantially burdened; and (2) the governmental entity imposing the burden has not demonstrated that application of the burden to the person: (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest; the court or other tribunal shall allow a defense against any party and shall grant appropriate relief against the governmental entity. (b) Relief against the governmental entity may include any of the following: (1) Declaratory relief or an injunction or mandate that prevents, restrains, corrects, or abates the violation of this chapter. (2) Compensatory damages. (c) In the appropriate case,the court or other tribunal also may award all or part of the costs of litigation, including reasonable attorney's fees, to a person that prevails against the governmental entity under this chapter.
Sec. 11. This chapter is not intended to, and shall not be construed or interpreted to, create a claim or private cause of action against any private employer by any applicant, employee, or former employee.

Wednesday, July 2, 2014

Jerry Nadler, And Chuck Schumer Think You Lose Your Freedom Of Religion When You Open A Business?





June 30, 2014 3:11 p.m. ET


WASHINGTON—Monday's Supreme Court decision enabling some private companies to opt out of the federal health law's some contraception coverage requirements ignited partisan dueling over not just the 2010 health-care law but over a 1993 religious-freedom law cited in the decision

The high court's decision in the Hobby Lobby case refocused attention on the Religious Freedom Restoration Act that passed Congress overwhelmingly in 1993, with the support of some lawmakers still serving in both the House and Senate. this law was passed by congress after the Supreme Court in Employment Division v. Smith (1990) (opinion written by Scalia) weakened the first amendment's religious protection from the government having a compelling interest (banning suicide bombings) to only a rational reason for the law (a law that forces grocery stores to be open 7 days a week would be a rational based reason due to the government's interest in allowing consumers to shop any day of the week) that would infringe on religion , congress passed this law to restrengthen it back to it's original protection.  The RFRA was later weakened by the Supreme court again in 1997 in the case of state laws. The statute requires federal laws to accommodate individuals' religious beliefs unless there is a compelling interest as opposed to a rational reason as was the case after the 1990 court decision at stake that can't be attained through other means.

While Republicans on Monday triumphantly pointed to the law's role in the decision, Democrats said they hadn't anticipated the law would be so broadly expanded or more accurately that it would be applied to a law they agree with.


The Supreme Court's so-called Hobby Lobby decision attracted a lot of attention this week because it's an important ruling on the Affordable Care Act. WSJ's Jerry Seib discusses the decision's long-term political ramifications. 
In the case, the owners of Hobby Lobby Stores Inc., an Oklahoma City arts-and-crafts chain owned by an evangelical Christian family, and other companies challenged the Affordable Care Act by saying their religions consider certain birth-control methods that were abortion-like immoral and therefore they weren't obliged to help provide them under the religious-freedom law.

The Supreme Court's majority agreed, citing the religious-freedom law in its decision and not the first amendment like they should have.

Sen. Orrin Hatch of Utah, the lead Republican sponsor of the religious-freedom law when it passed the Senate in a 97-3 vote, said Monday's decision affirmed Congress' decision to pass the law in the first place.

"As the Supreme Court rightfully said today, the Religious Freedom Restoration Act could not have been clearer in saying religious liberty of all Americans must be equally protected and not unnecessarily burdened," Mr. Hatch said in a statement. "That's why RFRA passed Congress overwhelmingly more than 20 years ago."

The bill passed the House on a voice vote and was signed into law by President Bill Clinton. 


The U.S. Supreme Court said "closely held" companies can, on religious grounds, opt out of covering employees' contraception costs in health-care plans.
But Democrats who had supported the religious liberties law in 1993 said Monday they hadn't intended it to be used to enable for-profit employers to avoid complying with federal laws so that would mean if chas veshalom they would make a law mandating a store (under the interstate commerce clause) opening up on Shabbos they would interpret that as a constitutional law and the RFRA to not cover it . The law shouldn't shield businesses from meeting the health law's requirements or the working on shabbos law, they said. The 1993 law refers to "persons," and the Obama administration contended that the law doesn't include for-profit companies like Hobby Lobby or your store under the shabbos work law.
 
"No matter how sincerely held a religious belief might be, for-profit employers—like Hobby Lobby and Conestoga Wood—should not be allowed to wield their beliefs as a means of denying employees access to critical preventive health-care services," or the law mandating stores open up on Saturday said Rep. Jerrold Nadler (D., N.Y.) who supported the law in 1993. At the time, lawmakers kept in place a principle that religion doesn't exempt for-profit businesses from complying with civil rights laws, for example, Mr. Nadler said.

The bill was introduced in March 1993 by Charles Schumer of New York, then in the House, now a member of the Senate's Democratic leadership. Mr. Schumer joined a group of 18 other Senate Democrats who filed an amicus brief supporting the Obama administration in the Hobby Lobby case. In the brief, the Democrats had urged the court to clarify that the religious-freedom law doesn't permit for-profit businesses to deny health coverage or close on Saturday to their employees based on their owners' religious objections.

In a statement Monday, Mr. Schumer called the Supreme Court's decision "dead wrong," saying the law he introduced was intended to give individuals the ability "to exercise their religious beliefs without government interference." The law "was not intended to extend the same protection to for-profit corporations, whose very purpose is to profit from the open market a Jewish business is required to follow all laws even if they go against the Torah," he said.

Republicans had filed their own briefs supporting the challengers and arguing that the health law's mandate violated the religious-freedom law.

The law in question was originally intended to nullify a decision from Justice Antonin Scalia in the early 1990s that denied religious exemptions from generally applicable laws last year he explicitly said that would include legislation to ban Milah Scalia's view on the lack of freedom of religion may in the future make him just as dangreous as Ruth Bader Ginsburg currently is, if the liberals push in laws that mandate following liberalism over Judaism (this has applications in way more areas than the obvious wedding cake for a same sex "wedding"ex. the gays push an anti Milah law and Scalia signs off on it). The dispute arose when Oregon denied unemployment benefits to adherents of a Native American religion who used peyote, a controlled substance, in their ceremonies.
—Jess Bravin, Beth Reinhard and Louise Radnofsky contributed to this article.
Write to Kristina Peterson at kristina.peterson@wsj.com
(Wall Street Journal) highlights our additions