Be it enacted by the general assembly of the state of indiana. The federal religious freedom restoration act rfra was enacted in 1993 as a response to the smith decision. An oped published in the san diego uniontribune criticizing the misuse of the rfra to protect discrimination against gays. Ad hoc committee for religious liberty 3211 fourth street ne washington dc 200171194 20254300 fax 20254337 why the religious freedom restoration act works questions and answers in 1993, president bill clinton signed into law the federal religious freedom restoration act rfra. The religious freedom restoration act is reasonably construed to require the office of justice programs to exempt world visiona religious organization that has been awarded a grant under the juvenile justice and delinquency prevention actfrom the religious nondiscrimination provision in.
The honorable mike johnson member of congress, washington d. This act shall be known and may be cited as the 2 michigan religious freedom restoration act. Arkansas code title 16, chapter 123, is amended to add an 28 additional subchapter to read as follows. Congress passed the religious freedom and restoration act 25 years ago on an almost unanimous basis. Religious freedom restoration act topics christianity. Texas allows its law to be used only as a defense without regard to whether the proceeding is brought in the name of the state or another person. Congress passed the religious freedom restoration act of 1993 requiring the courts to apply strict scrutiny when examining whether a law violated a persons religious freedom. Twentyfive years ago, the federal religious freedom restoration act rfra was signed into law to clarify and expand upon the right to religious liberty. Examining the misapplication of the religious freedom restoration act. Application of the religious freedom restoration act to. The religious freedom restoration act is a 1993 federal statute designed to resolve conflicts between generally applicable laws and religious beliefs. Indiana senate bill 101, titled the religious freedom restoration act rfra, is a law in the u. Religious liberty should do no harm center for american.
Flores declared une quivocally that the religious freedom restoration act rfra or. Congressional findings and declaration of purposes. The religious freedom restoration act rfra is a 1993 federal act that defines some protections for the freedom of religion in the united states. Jan 18, 2018 the religious freedom restoration act rfra is a federal law passed in 1993 that is intended to prevent other federal laws from substantially burdening a persons free exercise of religion. This bipartisan legislation aimed to restore and codify americans religious freedom rights by requiring that even laws of general applicability must be narrowly tailored to meet a compelling government interest in instances where the.
This chapter may not be construed to affect or interpret section 4, 5, 6, or 7, article i, texas constitution. The religious freedom restoration act expressly restored sherbert s free exercise exemption rule. Under florida law, email addresses are public records. Religious freedom restoration act of 1993 the first. Department of labor has issued guidance to clarify the conditions under which the religious freedom restoration act rfra of 1993 allows recipients of dol financial assistance to maintain their ability to make employment decisions based on religion even when receiving a federal grant under a program whose statute limits those rights. Rfras legislative history supports reading it as a takeover of the supreme courts power to interpret the constitution. About rfra perils religious freedom restoration act. Narrow tailoring is replaced by the more extreme least restrictive means d. Jan 30, 2014 the religious freedom restoration act is unconstitutional. Religious freedom restoration act indiana wikipedia. In determining whether an act or refusal to act is substantially motivated by sincere religious belief under this chapter, it is not necessary to determine. Read the updated indiana religious freedom restoration act.
Pdf floridas religious freedom restoration act robert. Existing law prohibits a state agency from including a question regarding an applicants race, sex, marital status, or religion in any application form for employment. To say that rfra is not in fact an attempt to overrule this courts constitutional interpretation is to engage in highlevel intellectual gymnastics. The effect of the religious freedom restoration act on recipients of dol financial assistance i.
The religious freedom restoration act t wenty years ago, a broad and diverse coalition of religious liberty advocates welcomed passage of the religious freedom restoration act rfra, a law that resulted from several years of hard work and refl ected a shared commitment to protecting the free exercise of religion in america. The federal version of the religious freedom restoration act dates back to 1993, when it was passed by congress after a controversial supreme court decision in 1990 angered liberals and conservatives. One hundred third congress of the united states of america. Since then, the advocacy of religious freedom has become highly contentious and more partisan. In 1993, president bill clinton signed into law the federal religious freedom. The original religious freedom restoration act also known as rfrapub. This bill would prohibit a state or local agency or a public employee acting under color of law from providing or disclosing to the federal government personal information regarding a persons religious beliefs, practices, or affiliation, as specified, when the information is sought for compiling a database of individuals based on religious belief, practice, or affiliation, national origin. The religious freedom restoration act and smith 1703 challenged law meets the level of constitutional scrutiny mandated by the supreme court. The religious freedom restoration act expressly restored sherberts free exercise exemption rule.
The supreme court overturned the law as it applied to states, saying that the judiciary not congress interpreted constitutional rights. This act may be cited as the religious freedom res. Religious freedom restoration act rfra frequently asked. Since then, the advocacy of religious freedom has become highly contentious and. Dol guidance clarifying the effect of the religious. In the 19 other states with a religious freedom restoration act, a rfra lawsuit must be invoked against the government, presumably in response to the laws that restrict their religious practices.
The legislature finds and declares all of the 4 following. Federal religious freedom restoration act overview. An economic analysis of the religious freedom restoration act i introduction as an attempt by congress to overturn a supreme court ruling by statute, the religious freedom restoration act rfra, although passed by a congressional landslide, was one of the most controversial pieces of legislation passed. Repeals the following provisions of the indiana religious freedom restoration act. Pdf indianas religious freedom restoration act rfra. The religious freedom restoration act of 1993, pub. Peter the apostle church, walks in front of the church in boerne, texas in 1997. The religious freedom restoration act is unconstitutional. The debate grows over what religious freedom means. Religious freedom restoration act united states 1993. A rule that applies only to a religious group is not generally applicable. The effect of the religious freedom restoration act on. But after congress passed rfra, the supreme court ruled in 1997 that the act couldnt be applied to states.
The religious freedom restoration act is unconstitutional, period. Source document contributed to documentcloud by online update the indianapolis star. Nov 17, 1993 the new law, the religious freedom restoration act, overturns a 1990 supreme court ruling that set a looser standard for laws that restrict religious practices. Clinton signs law protecting religious practices the new. Application of the religious freedom restoration act to the. This act ma bye cite ads the religious freedom restoration act of 1993.
The bill passed both the united states house and senate with nearly unanimous bipartisan support. The religious freedom restoration act was a cornerstone for tribes challenging the national forest services plans to permit upgrades to arizonas snowbowl ski resort. Relates to state government, to provide for the preservation of religious freedom. House bill 1416 religious freedom restoration indiana. Religious freedom restoration acts contain a basic balancing test between the states interest in regulating an area of law and the burden that places on a. May 04, 2017 2017 religious freedom restoration act.
The bill was introduced by congressman chuck schumer dny on march 11, 1993. Government must prove a neutral, generally applicable law serves a compelling interest c. Published with the title spirit of the original law is missing on april 11, 2015. Religious freedom restoration act rfra frequently asked questions 1. Federal religious freedom restoration act overview findlaw. This act enacting this chapter and amending section 1988 of this title and section 504 of title 5, government organization and employees may be cited as the religious freedom restoration act of 1993. The new law, the religious freedom restoration act, overturns a 1990 supreme court ruling that set a looser standard for laws that restrict religious practices. But the law remains in effect at the federal level. The tribes objected on religious grounds to the plans to use reclaimed water. Jun 30, 2014 the federal version of the religious freedom restoration act dates back to 1993, when it was passed by congress after a controversial supreme court decision in 1990 angered liberals and conservatives. Religious freedom restoration act or 1993religious freedom. This act may be cited as the religious freedom restoration. Passed senate amended 10271993 religious freedom restoration act of 1993 prohibits any agency, department, or official of the united states or any state the government from substantially burdening a persons exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a persons exercise of religion only if it.
This act enacting this chapter and amending section 1988 of this title and section 504 of title 5, government organization and employees may be cited as the religious freedom restoration act of. Government shall not substantially burden a persons free exercise of religion, the law states, unless it is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling. This act may be cited as the religious freedom restoration act of 2018. Congress enacted the religious freedom restoration act in 1993, pub. Provides that a state or local government action may not substantially burden a persons right to the exercise of religion unless it is demonstrated that applying the burden to the persons exercise of religion is. Why the religious freedom restoration act works questions and answers in 1993, president bill clinton signed into law the federal religious freedom restoration act rfra.
Be it enacted by the senate and house of representatives of the united states of america in congress assembled, section 1. Religious freedom restoration act i introduction as an attempt by congress to overturn a supreme court ruling by statute, the religious freedom restoration act rfra, although passed by a congressional landslide, was one of the most controversial pieces of legislation passed. Six tribes were involved, including the navajo, hopi, havasupai, and hualapai. Chuck schumer dny on march 11, 1993 and passed by a unanimous u. Religious freedom restoration act united states conference.
The effect of the religious freedom restoration act on recipients of. Background this guidance is part of the department of labors efforts to fulfill its responsibilities under the religious freedom restoration act rfra of 1993 and two executive orders. Religious freedom restoration act topics christianity today. Federal legislation after the religious freedom restoration act, with more on the culture wars religious liberty volume five. The free speech and establishment clauses laycock resigned from the council and as first vice president of the american law institute to become coreporter for the restatement third of. A governmental authority may not restrict a persons free exercise of religion, unless. This act may be cited as the religious freedom restoration act of 1993. May 22, 2019 congress passed the religious freedom and restoration act 25 years ago on an almost unanimous basis. Douglas laycock university of virginia school of law. Twenty years ago, a broad and diverse coalition of religious liberty advocates welcomed passage of the religious. Government shall not substantially burden a persons free exercise of religion, the law states, unless it is in furtherance of a compelling governmental interest and is the. The religious freedom restoration act is a 1993 federal statute designed to resolve conflicts between generally applicable laws and religious. Model religious freedom restoration act short title. The supreme court struck down provisions of the 1993 religious freedom restoration act as it applied to states in a case involving the city of boerne, texas, and the local catholic parish.
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