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:

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:

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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