UPDATE: April 3, 2015: I have updated the table to reflect changes in Indiana's law, and the new Arkansas law.
As a helpful source for people reading about the Indiana Religious Freedom Law, I've put together a spreadsheet highlighting differences in all 20 different states' laws.
First, I'm looking at these laws from the viewpoint of how they may affect the ability of business owners and managers to apply their religious views to their workplace. In that regard there are a couple of background points to cover.
Protection for businesses
Few of the states' laws explicitly mention businesses as being able to express religious views. But, some courts have been willing to interpret a "person" to also include groups of people in associations, clubs, or even corporations. So, even if a state's law does not mention businesses, a business may be able to use the law in a claim or defense.
Public Accommodations
Most anti-discrimination laws across the countries will only apply to businesses that are considered a "public accommodation". Basically, if your business is typically open to any member of the public who walks in the door, you are probably a public accommodation, and your ability to choose who you decide to serve will be restricted.
Most states have laws that require businesses to serve people of any race, gender, ethnicity, or religion, if that business is considered a public accommodation. The idea that any business owner has the "right to refuse service" is just mistaken in most instances.
A few states include sexual orientation in that list. Since much of the discussion around these laws has focused on sexual orientation, I point out if each state protects orientation in its public accommodations law.
Summary
For each state that has a Religious Freedom law of some kind, I have listed the following information:
- Law: The actual statute if you want to go and read it.
- Year: The year the law was put in place.
- Businesses explicitly protected: Whether the text of the law clearly says that businesses can take advantage of religious freedom protection.
- Private dispute defense: Whether this law can be used to make a defense or claim even if the government is not involved. This is what could allow a business to claim a defense if they decide not to serve someone because of their own religious belief.
- Discrimination exclusion: Whether the law says anything about not being able to use the law to discriminate against another.
- Public accommodation laws protect sexual orientation?: Does the state require public businesses to serve all people, whether they are gay or straight or transgender?