Religion and Freedom: What's the Fuss?

The Religious Freedom Restoration Act (RFRA) has been in the news lately. The legislation, which proponents say is modeled on the federal RFRA and the 20+ states that have passed similar laws, has sailed through the Indiana General Assembly and will soon be on Governor Mike Pence's desk for him to sign, veto, or do nothing (where it automatically becomes law).

Proponents say that RFRA in Indiana is necessary so that religious organizations and organizations and businesses owned and operated by people of faith won't be forced to do something against their truly held tenants. Pundits have criticized the opponents of RFRA saying that the stories of hardship are exaggerated.

Just like the marriage amendment that was debated last year, there is a whole host of businesses and organizations that have come out against RFRA. The latest is Gen Con, who produced an open letter to Governor Pence saying that signing this into law may cause them to reconsider holding the annual convention in Indianapolis. Several faith based organizations have protested against it as well.

I think the debate surrounding RFRA (which I'm against because I think it does nothing in terms of legislation or restoring rights) is missing one thing from the proponents.

To their credit, proponents of RFRA have been very careful to not use examples of discrimination based on sexual orientation or gender identity. They've been using religious universities that can still obtain state and federal grants and other situations.

The question that I haven't heard proponents answer is that RFRA has been a known quantity on the federal and state level for around two decades. Why is this law necessary now when it hasn't been in the previously several years? Why now in the first legislative session after same-sex marriage is legal in Indiana?

To me, that is a concern that this specific proposal has something more sinister inside.

Sunday Sales: Why Not?

Once again, the start of the Indiana General Assembly has led to some buzz about Indiana further tinkering with the odd set of alcohol regulations the state has shackled itself with for a long time. Visitors and newcomers alike often wander why all the liquor store parking lots are empty on Sundays, and why the alcohol section at Kroger is blocked off by a chips display?

It is because the state of Indiana does not allow alcohol sales on Sundays at the retail level. Over the last several years, our lawmakers realized that prohibiting alcohol sales for one day a week could be bad for business. They've made exemptions for bars and restaurants, for breweries, wineries, and distilleries. You can get your drink on at the Sunday Colts game or any sporting event that has an alcohol license. But the ban on retail purchases still remains.

A bill has been introduced in the Indiana General Assembly, but it is by the same representative who has sponsored it before. This NPR Article from two years ago highlights the main arguments pretty well from two of the leading lobbyists, one from the convenience and grocery stores and another from the package liquor stores.

You're familiar with the argument by now. That allowing the retail sale of alcohol on Sundays could be devastating to the package liquor store industry, that it could be a job killer, that up to 25% of them could end up closing and that this is a mega corporate takeover trying to push down the little guy.

Welcome to the big boy world, package.

Can I call you package?

Listen, I'm sympathetic to the argument. I am no fan of corporations trying to beat down independent, locally owned competition. I personally have gone out of my way to support mom and pop shops, even if it costs me a few extra bucks. I think consumers will pay a premium for premium service. I think a package liquor store, being smaller, will be able to more quickly respond to consumer demand than a gas station chain or a grocery chain. The guy who does the ordering for the chains might not even live in the same city as the store, or even the state!

But if you provide a quality service, people will come. They'll come and they'll spend their money.

Look at the cultural district of Broad Ripple within Indianapolis. There is a Starbucks right in the heart of it. But there's at least three independently owned coffee shops within blocks of it, two of which have been open for business for several years.

Look at music stores like Luna Music and Indy CD and Vinyl in Indianapolis, Landlocked Music in Bloomington, and Von's Records in West Lafayette. Music sales, including digital, are plummeting. Megastores that used to be major shopping attractions in some of the biggest cities in the country are closed. Music and entertainment chains like Sam Goody or FYE are either shut down or closing shops across the country. Even the music selection at chain stores like Best Buy and Wal-Mart now takes up a much smaller space than what it used to be.

But these music stores are thriving because they are adopting to consumer demand. Admittedly, it is a niche market concentrated on vinyl records, used music, and in-store performances by local, regional, and national acts. But these stores stand strong despite stiff competition.

So if you are a package liquor store and you become like, THE one stop shop to get HOOSIER craft beer or some other niche, and you have a knowledgeable and friendly staff, I think you'll do fine. Mr. Livengood (can I call you John?), I won't even charge you or your association for that advice.

If all you do is charge $1-3 for a pack of Coors than what the grocery store is selling it for, then good luck with that.

How Does Drug Testing TANF Recipients Create Jobs?

The Indiana General Assembly is in session. Whenever state legislative assemblies are in session, there seems to be a contest over who can be the absolute worst at legislating, and our Assembly certainly gives the others a run for the money.

The Indiana House passed something that died off last year. They overwhelmingly passed a bill that would randomly test recipients of TANF (Temporary Assistance for Needy Families) for illegal drugs. If they fail the drug test, they can continue receiving benefits while getting treatment. According to the IBJ, cost of treatment would be left to the TANF recipient.

As I wrote two years ago, similar efforts in Florida showed that TANF recipients had a lower-than-average rate of illegal drug usage than the general population. Florida also cost a lot more than any money that was saved. And the legality of the Florida law has been put in question, with a US Court of Appeals saying that no "special need" has been shown to justify suspending 4th Amendment rights for TANF recipients.

For an assembly that is supposed to be all about jobs, education, and the economy, I fail to see how legislation that specifically is designed to punish poor people for being poor advances any of those goals. I also don't see why this is allowed to proceed when many other groups of people who get money from the State of Indiana one way or another are not given similar treatment.

Here Come the Clowns

With Republican majorities in both houses of the General Assembly (including a quorum proof majority in the Senate), the state Republicans and Governor Mitch Daniels are likely going to have a very successful final two years. Of course, with that success, some of the crazies come out.

State representative Bruce Border (R-Jasonville) plans to introduce legislation stating that the state of Indiana does not recognize Sharia. Sharia is the sacred law of Islam. In several theocratic Islamic countries, a form of Sharia also dictates civil laws as well as religious laws.

Outside of those theocratic countries, Sharia as a form of civil law isn't widespread. From what I've gathered, there's some civil court set up in the United Kingdom in areas that have a large Muslim population. But people who go to that court do so voluntarily, so what's the big deal?

The big deal is that there's a good chunk of powerful Republicans who are stroking imaginary fears of the paranoid, and just so happen to be using the religion of Islam to fear monger. However, the Republicans know that they can't flat out outlaw Islam, so they craft these pieces of legislation to show their paranoid base "Hey, we did something!"

So what can the Republicans do?

Speaker Brian Bosma (R-Lawrence/Fishers) can refuse to assign it to a committee, and his counterpart in the Senate can make sure that similar legislation isn't also introduced. The General Assembly has a lot on it's plate, including crafting a 2011 budget with declining revenues and reforming education. They don't need to waste time on pandering. Save that for the campaign trail.