SC law similar to controversial Indiana law

South Carolina’s Religious Freedom Act is a little-known law that is not substantially different from the new Indiana law, said Columbia attorney Malissa Burnette, who has worked on discrimination and civil rights cases.

But, Burnette said, the S.C. law, passed in 1999, had a different motivation. At the time, a court case had caused S.C. lawmakers to fear the government could interfere in citizens exercising their religious freedom, so they passed a law to protect that freedom. “Same sex marriage was not even in the conversation,” Burnette said.

Unlike the Indiana law, the S.C. law does not define a person as a religious organization, Burnette said. But, she added, “There is the danger that this law could be used by certain entities to try to discriminate against LGBT citizens.”

State Rep. James Smith, D-Richland, previously has introduced a “Workplace Fairness Act” and plans to do so again this session. Smith’s proposal would ensure a worker could not lose their job because of their sexual orientation.

This story was originally published March 31, 2015 at 9:10 PM with the headline "SC law similar to controversial Indiana law."