Sec 9 of the Indiana RFRA clearly stated that an individual that was "substantially burdened or likely to be substantially burdened" could invoke their RFRA rights as a defense in any lawsuit or binding arbitration. The amended statute included clear anti-discrimination language, which in essence voids section 9 for being used as a defense in civil lawsuits making the whole legislative effort by Governor Mike Pence futile, so I ask again where are the small government conservatives pointing out the superfluous nature of the Indiana RFRA? Even if the liability shield for discriminatory businesses remained shouldn't the small government conservatives still have joined the big government liberals in protesting this law as unnecessary?
The reason why there isn't an open schism among conservatives regarding this social issue or a bevy other conservative social issues is that the conservative establishment knows that social issues are for the hoi polloi that are being hoodwinked by the big business to distract them so that they don't find common interest with the fellow wage slaves and demand a diffusion of power away from corporate boardrooms and back into family's living rooms. As Lyndon Johnson so aptly said fifty years ago "If you can convince the lowest white man that he's better than the best colored man, he won't notice you're picking his pocket." In this case, if you can convince a believer to be judgmental and prejudicial towards others he won't notice that his pockets are being picked clean by a supposedly fellow believer.
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