Religious Freedom Restoration Act
The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488 (November 16, 1993), codified at 42 U.S.C. § 2000bb through 42 U.S.C. § 2000bb-4 (also known as RFRA, pronounced "rifra"[1]), is a 1993 United States federal law that "ensures that interests in religious freedom are protected."[2] The bill was introduced by Congressman Chuck Schumer (D–NY) on March 11, 1993. A companion bill was introduced in the Senate by Ted Kennedy (D-MA) the same day. A unanimous U.S. House and a nearly unanimous U.S. Senate—three senators voted against passage[3]—passed the bill, and President Bill Clinton signed it into law.
For state versions of the RFRA, see State Religious Freedom Restoration Acts. For the Indiana legislation, see Indiana SB 101.Long title
An Act to protect the free exercise of religion.
RFRA
November 16, 1993
The law was passed in response to the United States Supreme Court's 1990 decision in Employment Division v. Smith, which held that "neutral laws of general applicability" that burden the free exercise of religion do not violate the First Amendment to the United States Constitution. RFRA requires that strict scrutiny be applied to any law that burdens religious freedom, providing that such a law may only be justified if it is the least restrictive means of pursuing a compelling government interest.
While RFRA initially applied to both state and federal laws, its application to state governments was held unconstitutional by the Supreme Court in the City of Boerne v. Flores decision in 1997, which ruled that the RFRA is not a proper exercise of Congress's enforcement power. However, it continues to be applied to the federal government—for instance, in Gonzales v. O Centro Espírita Beneficente União do Vegetal (2006) and Burwell v. Hobby Lobby Stores, Inc. (2014). In response to City of Boerne v. Flores and other related RFR issues, twenty-one individual states have passed State Religious Freedom Restoration Acts that apply to state governments and local municipalities.[4]
Provisions[edit]
This law reinstated the Sherbert Test, which was set forth by Sherbert v. Verner, and Wisconsin v. Yoder, mandating that strict scrutiny be used when determining whether the Free Exercise Clause of the First Amendment to the United States Constitution, guaranteeing religious freedom, has been violated. In the Religious Freedom Restoration Act, Congress states in its findings that a religiously neutral law can burden a religion just as much as one that was intended to interfere with religion;[5] therefore, the Act states that the "Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability."[6]
The law provided an exception if two conditions are met. First, the burden must be necessary for the "furtherance of a compelling government interest."[6] Under strict scrutiny, a government interest is compelling when it is more than routine and does more than simply improve government efficiency. A compelling interest relates directly to core constitutional issues.[7] The second condition is that the rule must be the least restrictive way in which to further the government interest.
Applications and effects[edit]
The Religious Freedom Restoration Act holds the federal government responsible for accepting additional obligations to protect religious exercise. In O'Bryan v. Bureau of Prisons, it was found that the RFRA governs the actions of federal officers and agencies and that the RFRA can be applied to "internal operations of the federal government."[19] RFRA, in conjunction with President Bill Clinton's executive order in 1996, provided more security for sacred sites for Native American religious rites.[6]
As of 1996, the year before the RFRA was found unconstitutional as applied to states, 337 cases had cited RFRA in its three-year time range.[20] It was also found that Jewish, Muslim, and Native American religions, which make up only three percent of religious membership in the U.S., make up 18 percent of the cases involving the free exercise of religion.[20]
The Religious Freedom Restoration Act was a cornerstone for tribes challenging the National Forest Service's plans to permit upgrades to Arizona's Snowbowl ski resort. Six tribes were involved, including the Navajo, Hopi, Havasupai, and Hualapai. The tribes objected on religious grounds to the plans to use reclaimed water. They felt that this risked infecting the tribal members with "ghost sickness" as the water would be from mortuaries and hospitals. They also felt that the reclaimed water would contaminate the plant life used in ceremonies. In August 2008, the Ninth Circuit Court of Appeals rejected their RFRA claim.[21][22]
In the case of Adams v. Commissioner, the United States Tax Court rejected the argument of Priscilla M. Lippincott Adams, who was a devout Quaker. She tried to argue that under the Religious Freedom Restoration Act of 1993, she was exempt from federal income taxes. The U.S. Tax Court rejected her argument and ruled that she was not exempt. The Court stated that "while petitioner's religious beliefs are substantially burdened by payment of taxes that fund military expenditures, the Supreme Court has established that uniform, mandatory participation in the Federal income tax system, irrespective of religious belief, is a compelling governmental interest."[23] In the case of Miller v. Commissioner, the taxpayers objected to the use of social security numbers, arguing that such numbers related to the "mark of the beast" from the Bible. In its decision, the U.S. Court discussed the applicability of the Religious Freedom Restoration Act of 1993, but ruled against the taxpayers.[24]
In Navajo Nation v. United States Forest Service, the Court of Appeals for the Ninth Circuit held that the use of recycled sewage water in order to manufacture artificial snow in the San Francisco Peaks was not a "substantial burden" on the religious freedom of Native Americans.[25]
The RFRA figured prominently in oral arguments in the case, Burwell v. Hobby Lobby, heard by the Supreme Court on March 25, 2014.[26] In a 5–4 decision, Justice Alito declared that nothing about the language of RFRA or the manner in which Congress passed it implied the statutory protections conferred therein were confined solely within the bounds of First Amendment case law as it existed pre-Smith.[27]
20th anniversary[edit]
A day-long symposium was held at the Newseum in Washington, D.C., on Nov. 7, 2013, to commemorate the 20th anniversary of the Religious Freedom Restoration Act. "Restored or Endangered? The State of the Free Exercise of Religion in America" featured three panel discussions and two keynote addresses.
The first keynote address was from Oliver S. Thomas, the former general counsel of the Baptist Joint Committee for Religious Liberty and the chair of the diverse "Coalition for the Free Exercise of Religion" in the 1990s that worked for the passage of RFRA. The second was from Douglas Laycock, who was an author of RFRA. His address traced the legal history of RFRA and discussed its impact on current debates, including the contraception mandate and same-sex marriage laws.
The panel discussions covered the history and impact of RFRA, religious freedom and the contraceptive mandate of the Affordable Care Act, and current and future challenges to the free exercise of religion in a diverse society. The addresses and panel discussions are all available online, as well as a special downloadable resource with more on RFRA, published by the Baptist Joint Committee.[28]