GOVERNMENT vs. RELIGION IN THE UNITED STATES
In 1990, the Supreme Court of the United States issued a decision in
the case of Employment Division vs. Smith. It established that
governments could burden (restrict) religious freedom, as long as the
law was neutral and applied to all persons equally. This decision
prompted other courts subsequently to allow additional government
restrictions on religious freedom.
Dozens of groups concerned with religious freedom then joined together to
form a Coalition for the Free Exercise of Religion. Their goal
was to reverse this gradual erosion of basic religious freedoms.
In an unprecedented show of unanimity, organizations representing very
diverse belief systems joined forces. The list includes:
- American Civil Liberties Union and the Traditional Values Coalition
- American Muslim Council and American Jewish Committee
- American Humanist Association and the Jesuit Social Ministries
- National Association of Evangelicals and the National Council of Churches
- Church of Jesus Christ of Latter-day Saints and the Unitarian
Universalist Association of Congregations
- and 56 other groups representing Christianity, Humanism, Islam, Judaism
Native American spirituality, Scientology, Secularism, Sikhism and
Unitarian-Universalism.
Partly as a result of pressure from the Coalition, the US Congress passed
the Religious Freedom Restoration Act (RFRA) in late 1993. (Reference 42
U.S. Code 2000bb). Its key clauses are:
- 3 (a) In General: Government shall not substantially burden
a person's exercise of religion even if the burden results from a rule
of general applicability, except as provided in subsection (b).
- 3 (b) Exception: Government may substantially burden a person's
exercise of religion only if it demonstrates that application of the burden
to the person:
- (1) is in furtherance of a compelling governmental interest; and
- (2) is the least restrictive means of furthering that compelling
governmental interest.
- 5 (1) the term 'government' includes a branch, department, agency,
instrumentality, and official (or other person acting under color of law)
of the United States, a State, or a subdivision of a State;
- 5 (2) the term 'State' includes the District of Columbia, the
Commonwealth of Puerto Rico, and each territory and possession of the
United States;
In summary: religious freedom shall not be limited except when a
government can prove a "compelling interest" to do so. And then, the
government must select a method that results in the least possible
interference with religious freedoms of individuals, churches and
other organizations.
This law has had a major influence in over 90 court decisions since it
was enacted late in 1993. It is a superb example of the power of
concerned citizens in a democracy.
You may wish to consult home page:
http://www.religious-freedom.org/rf for more detailed information,
including the full text of the law and a list of court cases that have
cited the RFRA act.
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