The religious freedom restoration act is unconstitutional. From fiscal years 2007 through 2015, few faithbased grantees sought an exemption based on the religious freedom restoration act of 1993 rfra from nondiscrimination laws related to religious based hiring. 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. Clinton signs law protecting religious practices the new.
Whether the religious freedom restoration act of 1993, 42. The original religious freedom restoration act also known as rfrapub. And in 2000, in direct response to another supreme court decision that threatened religious. Religious freedom restoration act united states 1993. Accordingly, rfra stated that government shall not substantially burden a persons exercise of religion even if the burden. Rfras legislative history contains no less than 405 pages explicitly making reference to smith. A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Protecting the religious freedom restoration act of 1993. 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. Department of labor has issued guidance html pdf 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. Download religious freedom restoration act rfra fact sheet. Douglas laycock university of virginia school of law. According to the court, although the act was constitutional. 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.
This act ma bye cite ads the religious freedom restoration act of 1993. Dol guidance clarifying the effect of the religious. Rfra was written to protect the religious freedom, specifically from it being impacted by laws or policies that may be neutral on their face, yet have negative repercussions on religious liberty. Examining the misapplication of the religious freedom restoration act. Rfra is a highly flexible legal standard that protects the rights and liberties of individuals of all religious faiths, including the most vulnerable. The religious freedom restoration act of 1993 is a federal law that aims at preventing laws that substantially burden a persons free exercise of their religion. As explained therein, the religious freedom restoration act of 1993, rfra and as amended by religious land use and institutionalized persons act of 2000 rluipa, 114 stat. The effect of the religious freedom restoration act on recipients of dol financial assistance i. Passed senate amended 1027 1993 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. Religious freedom restoration act or 1993religious freedom restoration act of 1993 enrolled bill sent to president h. Relates to state government, to provide for the preservation of religious freedom. Federal religious freedom restoration act overview findlaw. 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.
In 1993, president bill clinton signed into law the federal religious freedom. The bill was introduced by congressman chuck schumer dny on march 11, 1993. The laws mandate that religious liberty of individuals can only be limited by the least restrictive means of furthering a compelling government interest. Whether the religious freedom restoration act of 1993, 42 u. Congressional findings and declaration of purposes. The smith decision frightened a broad coalition of americans, ranging from the aclu to a wide variety of religious groups who sensed that the very essence of the free exercise clause was now in danger of collapse. State religious freedom restoration acts wikipedia. Since that time, it has become part of the national debate over samesex marriage and religious freedom. Religious freedom restoration act of 1993 congress. Religious freedom restoration act of 1993 1693 words cram. Respecting religious freedoms and protecting the publics.
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. State religious freedom restoration acts are state laws based on the religious freedom restoration act rfra, a federal law that was passed almost unanimously by the u. But the law remains in effect at the federal level. Smith 1990 and provide greater protection under the first amendment free exercise clause. Six tribes were involved, including the navajo, hopi, havasupai, and hualapai. Specifically, gao found that the department of justice doj, department of health and human services hhs, and department of labor dol awarded funding to at least 2,586. The supreme court overturned the law as it applied to states, saying that the judiciary not congress interpreted constitutional rights. 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. Religious freedom restoration act or 1993religious freedom. Employees may be cited as the religious freedom restoration act of 1993. It shall be the policy of the executive branch to vigorously enforce. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, section 1.
Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article iii of the constitution. The application of the religious freedom restoration act to appearance regulations that presumptively prohibit observant sikh lawyers from joining the u. For complete classification of this act to the code, see short title note below. Religious freedom restoration act law and legal definition. The supreme court affirmed that all americansincluding family business ownersshould. Connecticut and rhode island passed religious freedom restoration acts before the federal government passed its law in 1993. The religious freedom restoration act rfra is a 1993 federal act that defines some protections for the freedom of religion in the united states. The honorable mike johnson member of congress, washington d. Congress in 1993 and signed into law by president bill clinton. 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. Under rfra, if the government places a substantial burden on religion, it must prove that the burden is in furtherance of a compelling government interest.
Religious freedom restoration act of 1993 react to this bill with an emoji save your opinion on this bill on a sixpoint scale from strongly oppose to strongly support. Those questions have been raised over and over again, about the religious freedom restoration act, since congress passed that law in 1993 with the explicit aim of overruling a supreme court decision three years earlier. The purpose of the act was to protect religious individuals and organizations against government interference with the practice of their faith. 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. These new laws, such as the one enacted and then modified under intense public pressure in indiana last year, are intended as a sword to promote discrimination against the lgbt. The smith decision was the singular focus of the hearings held in support of rfra. The religious freedom restoration act was a cornerstone for tribes challenging the national forest services plans to permit upgrades to arizonas snowbowl ski resort. Douglas laycock is perhaps the nations leading authority on the law of religious liberty and also on the law of remedies.
The religious freedom restoration act that was put into place in 1993 by the federal government as well as the state of indiana to protect people as well as corporations religious beliefs and background. Religious freedom restoration act of 1993 the first. That law restored the presmith compelling interest standard, and along with it, religious liberty in america. All 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 persons religious practice. It shall be the policy of the executive branch to vigorously enforce federal laws robust protections for religious freedom. Smith1 by creating a statutory prohibition against government action substantially burdening the exercise of religion, even if the burden results from a rule of general applicability. About rfra perils religious freedom restoration act. 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 proposed rule is also necessary to address current violations to the religious freedom restoration act rfra. Supreme court disallowed use of the controlled substance peyote as part of religious practices in 1990, 3 multiple versions of the religious freedom restoration act rfra have been passed, first by congress in 1993 4 and later by 22 states.
But after congress passed rfra, the supreme court ruled in 1997 that the act couldnt be applied to states. This act may be cited as the religious freedom restoration. Supreme court on june 25, 1997, ruled 63 that the religious freedom restoration act rfra of 1993 exceeded the powers of congress. Religious freedom restoration act of 1993 department of justice. 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. 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. The federal religious freedom restoration act commonly shortened to rfra and pronounced rifra was passed in 1993 to provide stronger protections for religious free exercise. Freedom the united states of america in congress assembled, restoration act of1993. Religious freedom restoration act restores sherbert test. The religious freedom restoration act of 1993, pub. The religious freedom restoration act and smith 1703 challenged law meets the level of constitutional scrutiny mandated by the supreme court. This act may be cited as the religious freedom restoration act of 1993. Congress adopted the religious freedom restoration act rfra of 1993 to override the supreme court decision in employment division, department of human resources of oregon v. Remarks on signing the religious freedom restoration act of 1993, 11 pub.