The Indiana Religious Freedom Restoration Act of 2015 is constitutionally infirm and legally troublesome.
The circuitous constitutional route that brought about this statute began in 1990 when the Supreme Court ruled that the Free Exercise Clause of the First Amendment may not be used as a defense to violating the general laws of the land. In Employment Division v. Smith, a small group of Native Americans who had been fired from their jobs because drug tests revealed their use of peyote made applications for unemployment compensation, which the State of Oregon denied.
They appealed and claimed that their use of. . .
Indiana and the Constitution
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