45-457: 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"), is a 1993 United States federal law that "ensures that interests in religious freedom are protected." The bill was introduced by Congressman Chuck Schumer ( D – NY ) on March 11, 1993. A companion bill
90-582: 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
135-476: 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. The second condition is that the rule must be the least restrictive way in which to further the government interest. The Free Exercise Clause of the First Amendment states that Congress shall not pass laws prohibiting
180-502: A rehab clinic after testing positive for mescaline , the main psychoactive compound in the peyote cactus, which they had used in a religious ceremony. The Smith decision outraged the public. Groups representing all points on the political spectrum (from the liberal American Civil Liberties Union to the conservative Traditional Values Coalition ) and a wide variety of religions (i.e. the Christian Legal Society ,
225-478: A religion just as much as one that was intended to interfere with religion; 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." The law provided an exception if two conditions are met. First, the burden must be necessary for the "furtherance of a compelling government interest." Under strict scrutiny,
270-603: A religious ceremony, stating that the federal government must show a compelling state interest in restricting religious conduct. Post- Smith , many members of the Native American Church still had issues using peyote in their ceremonies. This led to the Religious Freedom Act Amendments in 1994 , which state, "the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremony purposes in connection with
315-449: A result of this case) and then provided them with legal counsel. Under Amish church standards, "higher" education (beyond the 8th grade) was deemed not only unnecessary for their simple way of life, but also endangering to their salvation. These men appealed for exemption from compulsory education on the basis of these religious convictions. They sincerely held to the belief that the values their children would learn at home would surpass
360-410: Is imperiled by today's decision. If a parent keeps his child out of school beyond the grade school, then the child will be forever barred from entry into the new and amazing world of diversity that we have today. The child may decide that that is the preferred course, or he may rebel. It is the student's judgment, not his parents', that is essential if we are to give full meaning to what we have said about
405-508: Is often cited as a basis for parents' right to educate their children outside of traditional private or public schools. Like Sherbert v. Verner , the Court in Yoder required the government accommodate religious exercise by applying strict scrutiny to a neutral law that burdened religious exercise. Yoder differs from Sherbert v. Verner because the compulsory school attendance law
450-859: The American Jewish Congress , the Baptist Joint Committee for Religious Liberty , and the National Association of Evangelicals ) agreed that the law required reform, and recommended reinstating the Sherbert Test . In response, Congress passed the RFRA, unanimously in the House and 97-to-3 in the Senate . The bill was then signed by U.S. President Bill Clinton . The RFRA applies "to all Federal law, and
495-485: The First Amendment should prevent the U.S. Forest Service from constructing a road through sacred land used in ceremonies and prayer. The Supreme Court disagreed, arguing that only government coercion or punishment for religious beliefs would violate the First Amendment. In Smith , the Court upheld the state of Oregon 's refusal to grant unemployment benefits to two Native Americans fired from their jobs at
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#1732766247129540-706: The New Glarus , Wisconsin , school district at the end of the eighth grade because of their parents' religious beliefs. The three families were represented by Jonas Yoder (one of the fathers involved in the case) when the case went to trial. They were convicted in the Green County Court. Each defendant was fined the nominal sum of $ 5. Thereafter the Wisconsin Supreme Court found in Yoder's favor. Thereupon, Wisconsin appealed that ruling in
585-628: 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
630-561: The US space program have been transferred to Title 51 . Wisconsin v. Yoder Wisconsin v. Jonas Yoder , 406 U.S. 205 (1972), is the case in which the United States Supreme Court found that Amish children could not be placed under compulsory education past 8th grade . The parents' fundamental right to freedom of religion was determined to outweigh the state's interest in educating their children. The case
675-515: 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
720-535: 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
765-510: The Amish children shared their parents' religious objections to the school attendance. Justice Byron White , joined by Justices Brennan and Stewart, filed a concurring opinion saying the case "would be a very different case" if the parents forbade their children from "attending any school at any time and from complying in any way with the educational standards set by the State"; he pointed out that
810-581: The Bill of Rights and of the right of students to be masters of their own destiny. If he is harnessed to the Amish way of life by those in authority over him and if his education is truncated, his entire life may be stunted and deformed. The child, therefore, should be given an opportunity to be heard before the State gives the exemption which we honor today. The ruling is cited as a basis for allowing people to be educated outside traditional private or public schools, such as with homeschooling . The implications of
855-521: The Federal income tax system, irrespective of religious belief, is a compelling governmental interest." 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
900-506: The RFRA can be applied to "internal operations of the federal government." RFRA, in conjunction with President Bill Clinton 's executive order in 1996, provided more security for sacred sites for Native American religious rites. 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. It was also found that Jewish, Muslim, and Native American religions, which make up only three percent of religious membership in
945-614: The RFRA with respect to its applicability to States (but not Federally), stating that Congress had stepped beyond its power of enforcement provided in the Fourteenth Amendment . In response to the Boerne ruling, Congress passed the Religious Land Use and Institutionalized Persons Act (RLUIPA) in 2000, which grants special privileges to religious land owners. A number of states have passed state RFRAs , applying
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#1732766247129990-426: The RFRA, federally-funded healthcare insurers and providers must be allowed to deny medical treatment and coverage on the basis of the sex, gender identity or termination of pregnancy of the person who is requesting the services, even if the services are medically necessary. Transgender people may be turned down even if the healthcare service they need is not related to their being transgender. In 1997, part of this act
1035-521: The Supreme Court on March 25, 2014. 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 . A day-long symposium was held at the Newseum in Washington, D.C., on Nov. 7, 2013, to commemorate
1080-586: The U.S. , make up 18 percent of the cases involving the free exercise of religion. 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
1125-564: The US Supreme Court. The Amish did not believe in going to court to settle disputes but instead follow the biblical command to "turn the other cheek." Thus, the Amish are at a disadvantage when it comes to defending themselves in courts or before legislative committees. However, a Lutheran minister, Reverend William C. Lindholm, took an interest in Amish legal difficulties from a religious freedom perspective and founded The National Committee for Amish Religious Freedom (partly as
1170-535: The United States, who had been placed on the No Fly List by FBI agents for refusing to be informants for their fellow Muslim communities. 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
1215-422: The burden on the children was relatively slight since they had acquired "the basic tools of literacy to survive in modern society" and had attended eight grades of school. Justice William O. Douglas , who dissented in part, wrote: I agree with the Court that the religious scruples of the Amish are opposed to the education of their children beyond the grade schools, yet I disagree with the Court's conclusion that
1260-514: The case for the Amish were characterized by one author as: Since Wisconsin v. Yoder, all states must grant the Old Order Amish the right to establish their own schools (should they choose) or to withdraw from public institutions after completing eighth grade. In some communities Amish parents have continued to send their children to public elementary schools even after Wisconsin v. Yoder . In most places tensions eased considerably after
1305-401: The children should be entitled to be heard. While the parents, absent dissent, normally speak for the entire family, the education of the child is a matter on which the child will often have decided views. He may want to be a pianist or an astronaut or an oceanographer. To do so he will have to break from the Amish tradition. It is the future of the student, not the future of the parents, that
1350-490: The compulsory school-attendance law to them violated their rights under the Free Exercise Clause of the First Amendment , made applicable to the States by the Fourteenth Amendment ." The U.S. Supreme Court held as follows: Justice Potter Stewart , joined by Justice William J. Brennan, Jr. , filed a concurring opinion stating that the "interesting and important" questions raised by Justice Douglas' dissent were moot since
1395-617: The federal war on drugs . And the American Indian Religious Freedom Act , which Congress had passed to protect tribal religious freedoms, lacked an enforcement mechanism. These interests collided in Lyng v. Northwest Indian Cemetery Protective Association , 485 U.S. 439 (1988), and Employment Division v. Smith , 494 U.S. 872 (1990). In Lyng , members of the Yurok , Tolowa and Karok tribes argued that
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1440-423: 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
1485-734: 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. Title 42 of the United States Code Title 42 of the United States Code is the United States Code dealing with public health , social welfare , and civil rights . Parts of Title 42 which formerly related to
1530-660: The free exercise of religion. In the 1960s, the Supreme Court interpreted this as banning laws that burdened a person's exercise of religion (e.g. Sherbert v. Verner , 374 U.S. 398 (1963); Wisconsin v. Yoder , 406 U.S. 205 (1972)). But in the 1980s the Court began to allow legislation that incidentally prohibited religiously mandatory activities as long as the ban was "generally applicable" to all citizens. But "generally applicable" bans frequently conflicted with Native American religious practice . Often, government projects required acquisition of sacred grounds necessary for Native American rituals. Ritual peyote use infringed on
1575-495: The implementation of that law, whether statutory or otherwise", including any Federal statutory law adopted after the RFRA's date of signing "unless such law explicitly excludes such application." According to a federal appeals court ruling on March 7, 2018, the RFRA did not justify discrimination against employees on the basis of their lesbian, gay, bisexual, or transgender identity in those circumstances. However, on October 15, 2019, federal judge Reed O’Connor said that, because of
1620-474: The matter is within the dispensation of parents alone. The Court's analysis assumes that the only interests at stake in the case are those of the Amish parents on the one hand, and those of the State on the other. The difficulty with this approach is that, despite the Court's claim, the parents are seeking to vindicate not only their own free exercise claims, but also those of their high-school-age children ... On this important and vital matter of education, I think
1665-549: The practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any state. No Indian shall be penalized or discriminated against on the basis of such use, possession or transportation." Tanzin v. Tanvir (2020) determined that RFRA allows for those whose religious rights are adversely affected by federal officers acting in their capacity for the government to seek appropriate remedies, including monetary damages, from those individuals. The case involved three Muslim men, all legal residents of
1710-538: The rule to the laws of their own state, but the Smith case remains the authority in these matters in many states. The constitutionality of RFRA as applied to the federal government was confirmed on February 21, 2006, as the Supreme Court ruled against the government in Gonzales v. O Centro Espírita Beneficente União do Vegetal , 546 U.S. 418 (2006), which involved the use of an otherwise illegal substance in
1755-587: The taxpayers. 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. The RFRA figured prominently in oral arguments in the case, Burwell v. Hobby Lobby , heard by
1800-548: 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. In the case of Adams v. Commissioner , the United States Tax Court rejected the argument of Priscilla M. Lippincott Adams, who was
1845-409: The worldly knowledge taught in school. The U.S. Supreme Court ruled in favor of Yoder in its decision. Justice William O. Douglas filed a partial dissent, but voted with the court regarding Yoder's case. Justices Lewis F. Powell, Jr. and William H. Rehnquist took no part in the consideration or decision of the case. The Wisconsin Supreme Court "sustained respondents' claim that application of
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1890-672: 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. This law reinstated
1935-548: 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—passed the bill, and President Bill Clinton signed it into law. 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
1980-554: Was non-discriminatory and did not include a mechanism for individualized exemptions. Later, in Employment Division v. Smith Justice Antonin Scalia wrote that Yoder involved a "hybrid right" composed of parental rights and free exercise. The Amish, who prevailed in the case, were represented by William Ball . Three Amish students from three different families stopped attending the New Glarus High School in
2025-407: Was overturned by the United States Supreme Court . The Roman Catholic Archdiocese of San Antonio wanted to enlarge a church in Boerne, Texas , but a Boerne ordinance protected the building as a historic landmark and did not permit it to be torn down. The church sued, citing RFRA, and in the resulting case, City of Boerne v. Flores , 521 U.S. 507 (1997), the Supreme Court struck down
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