Indiana’s Religious Freedom Restoration Act—signed into law in 2015 by Republican Gov. Mike Pence—was initially viewed by some as a counterweight to the legalization of same-sex marriage across the U.S. because it would’ve allowed businesses in the state to deny goods and services to same-sex couples based on employees’ religious objections. That is no longer an issue since the law was amended to bar discriminatory behavior—but the act has since taken on an unexpected new life: as a defense for criminal conduct like child abuse and drug use. So far, at least four people in Indiana have used the law to argue that their religion excuses them from actions that would otherwise be considered crimes—and legal experts expect more cases to follow. [...]
“Ms. Thaing believed in the teachers of the Bible that state, ‘Do not withhold discipline from a child; if you strike him with a rod, he will not die. If you strike him with the rod, you will save his soul from Sheol,’” a Hebrew word loosely translated as hell, Bowes said in court documents. [...]
Curry says his office has seen three cases involving the RFRA as a defense, including one challenging Indiana’s marijuana law by the First Church of Cannabis, which argues that its church members—”Cannaterians”—should be able to smoke marijuana as a religious sacrament. Indianapolis police have told churchgoers that they would be arrested if they did so. The lawsuit is pending. An additional case involving Curry’s office includes an Indiana resident who is arguing that his religious beliefs compel him to avoid paying income taxes.
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