Andrew Napolitano on Indiana's Clumsy Embrace of 'Religious Freedom'

The Indiana firestorm was the consequence of a governmental solution for no problem.



When the owner of a northern Indiana pizza restaurant said she would decline to deliver pizza to a same-sex wedding because of her religious views, it set off a firestorm. Should the pizza restaurant owner have been able to make that promise and carry through with it? Under Indiana's original Religious Freedom Restoration Act—now revised—it would have been lawful. But by permitting the rejection of services because of sexual orientation so long as that rejection was based on a religious belief, Indiana was effectively making discrimination based on sexual orientation lawful, argues Andrew Napolitano.