State Senator Ryan Mishler and Representative Curt Nisly addressed current session actions and bills still in session at this morning’s Kosciusko Chamber of Commerce Third House Session.

The recent signing of the Religious Freedom Restoration Act was briefly noted by both legislators and pointed questions by David Kolbe and Brian Smith.

Nisly, a co-sponsor of the Religious Freedom Restoration Act, stated there has been a lot of different information and misinformation, from both sides, regarding the act. He stated the act “is telling the courts how to handle situations between religious freedom and other rights conflicts and the steps to go through to resolve the conflicts.”

He noted the three steps is there has to be a genuine religious belief being effected. The location of a church is not a religious belief, the Amish, due to religious beliefs do not want their photographs taken but the state requires images on photo identifications. The second is there must be a compelling government interest or reason for doing it. The final criteria is to resolve the matter in the least restrictive way.

Nisly gave a few examples of how conflicts have been resolved in matters between religious beliefs and other entities. He added Indiana is the 20th state to have the law, with 11 other states having judicial codes. “Indiana was not clear on how it should be handled, this is the reason why it was put in place here. We are trying to get there instead of the courts coming through and making up something else.”

Mishler noted everyone believes the act dealt with same sex marriages, he feels it is the fall out from the state’s marriage amendment last year. He noted the act is the result of cases involving Notre Dame and Hobby Lobby dealing with contraceptives. “It has been a federal law since 1993,” Mishler stated.

He also stated he asked opponents to bring him proof that it dealt with same sex marriages, but “no one brought any evidence.” He also stated some of the conventions who threatened to pull their events have backed down. The locations they would move conventions too had similar or exact laws that Indiana just passed.

He also reiterated it is a message to the courts on how to handle the issues.

Kolbe asked for an explanation on a person being denied services because of a belief and not violate the constitution’s 14th amendment. Smith, who referred to a New Mexico civil case where a photographer who refused to photograph a same sex marriage was sued and ordered to pay damages, if there would be such protection against civil cases in Indiana.

While Nisly referred to the criteria the act sets out, Mishler stated as a business owner he has the right to not do business with any one as long as he states it is not due to race, color, sex or religious belief. He also stated he has the right to dismiss an employee for any reason other than those previously mentioned.

Smith also asked both legislators to publicly say a business owner would be protected from civil suit and referred to the digest of the statute that says the state does not have to be a part of it. To Nisly he stated “You were a co-sponsor, did you even read the bill?”

Mark Dobson, executive director of the chamber, asked others be given the opportunity to ask questions.