4 Reasons Why Religious Liberty Laws Don’t Discriminate

Andrew T. Walker | April 8, 2016


From Georgia to Mississippi, it’s common to hear opponents of proposed religious liberty laws accuse such laws of enacting invidious discrimination. “Invidious” is an important qualifier because it explains the type of discrimination that critics use to describe the motive behind religious liberty legislation. According to one legal dictionary, “invidious discrimination” means “treating a class of persons unequally in a manner that is malicious, hostile, or damaging.”

No small amount of baseless hype and hysteria has been promulgated by activist groups like the Human Rights Campaign and the ACLU as they’ve attempted to intimidate and shame their opponents into submission by appealing to such accusations.

One of the most ubiquitous phrases is that such bills are a “license to discriminate.” According to this line of thinking, it is invidiously discriminatory if a baker, florist, or photographer declines to use his or her creative talents in service of a same-sex wedding ceremony.

Why It’s Not Invidious Discrimination

This is decidedly not invidious discrimination. Here are four reasons why religious liberty legislation does not protect or allow for invidious discrimination.

1. Invidious discrimination is an action that is legally required.

Opponents reference “Jim Crow” laws as a comparison to paint religious liberty in…


To read the rest of this article, visit https://www.thegospelcoalition.org/article/three-reasons-why-religious-liberty-laws-dont-discriminate.