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. Religious freedom restoration act rfra frequently asked. The bill passed both the united states house and senate with nearly unanimous bipartisan support. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, section 1. The religious freedom restoration act douglas laycock the proposed religious freedom restoration act1 rfra is a legislative response to the supreme courts decision in employment division v. Historical timeline of the religious freedom restoration act. Controversy continues over indianas religious freedom. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, section 1, short title. The contested legacy of religious freedom restoration. People on both sides point out that such laws are not new, but the controversy over them is. They are modeled after a federal law, the religious freedom restoration act, signed by president bill clinton in 1993.
Smith, which allowed the government to forbid any religious act without giving a reason. Since that time, it has become part of the national debate over samesex marriage and religious freedom. Bob franks of new jersey in the house of representatives, tuesday, may 11, 1993, congressional record e1243 may 12, 1993 measure placed on the calendarh. The smith decision was the singular focus of the hearings held in support of rfra. The effect of the religious freedom restoration act on. The rfra brought back the requirement that the government provide an adequate reason to forbid any religious act. The effect of the religious freedom restoration act on recipients of dol financial assistance i. Government may substantially burden a persons exercise of religion only if it demonstrates that. In 1990, the supreme court greatly weakened the first amendments protection of. The congress finds 1 the framers of the american constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the first amendment to the constitution. 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. In 1993, the religious freedom restoration act was passed by the u. In this paper i will describe the religious freedom restoration act.
Understanding the religious freedom restoration act youtube. It illustrates how congress can enact legislation which can reverse decisions of the supreme court. Religious freedom restoration act rfra frequently asked questions 1. A person whose religious exercise has been burdened in violation of this act may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. We are leaders of diverse faith communities representing over 100 million americans. The religious freedom restoration act rfra is a 1993 federal act that defines some protections for the freedom of religion in the united states. This is video footage of president william jefferson clinton signing the religious freedom restoration act, also known as rfra, at the white house. Supreme court interpreted the freeexercise clause of the first amendment to provide significant protection for religiously motivated conduct. Religious freedom restoration act indiana wikipedia. The supreme court overturned the law as it applied to states, saying that the judiciary not congress interpreted constitutional rights. Religious freedom restoration act of 1993 the first. Congress and signed into law by president bill clinton. But the law remains in effect at the federal level.
Rfras legislative history contains no less than 405 pages explicitly making reference to smith. Signed by president bill clinton on november 16, 1993. 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, except that the government may burden a persons exercise of religion only if it. It passed the house without objection and cleared the. Almost every member of congress voted to approve the religious freedom restoration act of 1993 rfra, 1. How the religious freedom restoration act benefits all. The religious freedom restoration act of 1993 was initiated to overturn the supreme courts ruling in employment division, department of human resources of oregon v. The religious freedom restoration act of 1993, pub. The religious freedom restoration act is unconstitutional. This act ma bye cite ads the religious freedom restoration act of 1993.
As trump prepares to sign executive order, heres a. Flores held that the religious freedom restoration act only applies to. 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. Supreme court rules the religious freedom restoration act doesnt apply to states. The bill was introduced by congressman chuck schumer dny on march 11, 1993. When the federal religious freedom restoration act was signed into law by former president bill clinton on 16 november 1993, it did so with rare bipartisan support, prompting the commanderin. Religious freedom restoration act rfra freedom from. Protecting the religious freedom restoration act of 1993. This act may be cited as the religious freedom restoration act of 1993. When the first religious freedom restoration act passed, the vote in congress was nearly unanimous it was a bipartisan. Be it enacted by the senate and house of representatives of. Religious freedom restoration act of 1993 listed as rfra. For example, the court ruled that states could not deny unemployment compensation to sabbatarians who refused saturday employment, nor could they punish. They passed a law, with bipartisan support, called the religious freedom restoration act.
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. Religious freedom restoration act of 1993 an act to protect the free exercise of religion. President clinton signs the religious freedom restoration. 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.
That law, the religious freedom restoration act, was enacted in response to a supreme court ruling on the first amendments guarantee of the free exercise of religion. President bill clinton and vice president al gore speak at a signing ceremony for the religious freedom restoration act of 1993. Religious freedom restoration act in this paper i will. But after congress passed rfra, the supreme court ruled in 1997 that the act couldnt be applied to states. The bill was signed into law by president bill clinton. Whats changed since the first religious liberty law was passed in 1993. Fallout continues over whether indianas religious freedom restoration act sanctions discrimination. Congress responded with the federal religious freedom restoration act in 1993, creating a statutory right to practice your religion, free of government regulation except where necessary to serve a compelling government interest. Congressional findings and declaration of purposes. The united states code is meant to be an organized, logical compilation of the laws passed by congress.
This act was used to contradict the decision of the court case of employment division v. Rfra, not the first amendment,is the primary federal safeguard americans religious of liberty. Dear speaker boehner, minority leader pelosi, majority leader reid, and minority leader mcconnell. Religious freedom restoration act restores sherbert test. 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. Remarks on signing the religious freedom restoration act of 1993, 11 pub. 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. 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. In a case involving the archbishop of san antonios dispute with local zoning authorities over. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. The religious freedom restoration act is a law that allows religious people, businesses, andor corporations to violate generally applicable laws by claiming that the laws conflict with their religious beliefs. Religious freedom restoration act united states 1993. 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. This act may be cited as the religious freedom restoration.
Our faith communities worship in many different ways, and we have different views on many things. Originally, the federal law was intended to apply to federal, state, and local governments. Whats changed since the first religious liberty law was. Flores held that the religious freedom restoration act only applies to the federal government, but not states and. Religious freedom restoration act 1993 pearson education. Religious freedom restoration act or 1993religious freedom. Congress in 1993 and signed into law by president bill clinton. 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. That law passed unanimously in the house, and 973 in the senate. The religious freedom restoration act rfra protects all americans religious liberty.