|Connecticut Gov. Dannel Malloy|
... this is the same guy who signed a homophobic bill in the spring surrounded by homophobes," Malloy said, referring to Indiana's Religious Freedom Restoration Act that critics said would allow discrimination against gay, lesbian, bisexual and transgender people. "So I’m not surprised by anything the governor does."Malloy leaves out the fact that his own state has a RFRA. But that law is different from Indiana's in that it provides MORE protection for religious freedom. In Connecticut the person filing the RFRA claim only need show a burden, no matter how slight, on his or her religious freedom. In Indiana, the litigant must show that it is a substantial burden. As any lawyer will tell you, that is an enormous difference. The Connecticut law actually goes beyond even the old Sherbert test that RFRAs are restoring.
Of course people have pointed to other differences to insist Indiana's RFRA is stronger than Connecticut's. The problem though is the above difference is prefatory language, a standard that must be met to litigate a claim. It is the critical portion of the statute. And Connecticut's RFRA on that point is much stronger in terms of protecting religious freedom than Indiana's.
Unfortunately facts don't seem to matter too much to Governor Malloy.