The Religious Freedom Restoration Act at 30: Balancing Faith and Controversy

A look back at the history and impact of the landmark legislation

In 1993, President Bill Clinton signed the Religious Freedom Restoration Act (RFRA) into law, hailing it as a testament to the Founders’ vision of a pluralistic nation. The RFRA was the result of a remarkable coalition of Democrats and Republicans, religious groups, and civil rights activists who came together to protect the rights of people of faith. Over the past 30 years, the RFRA has enabled individuals and religious communities to challenge policies that infringe on their religious practices. However, it has also sparked controversy and become entangled in culture wars. As the RFRA celebrates its 30th anniversary, the public debate centers around whether the law needs to be reformed.

The Supreme Court’s Smith decision and the need for the RFRA

The story of the RFRA begins with the Supreme Court’s 1990 decision in Employment Division v. Smith, which weakened the First Amendment’s free exercise clause. The ruling made it difficult for religious groups to win cases challenging laws that interfered with their religious practices. In the years that followed, religious groups lost over 50 free exercise cases. Recognizing the need to restore the balance between religious freedom and government interests, Congress rallied together to pass the RFRA.

Passing the RFRA with a diverse coalition

The RFRA gained bipartisan support and passed unanimously in the House of Representatives and with a 97-3 vote in the Senate. However, the bill faced opposition from groups seeking a total carveout for abortion claims. Despite these challenges, the RFRA moved forward with the support of influential lawmakers such as Sen. Ted Kennedy and Sen. Orrin Hatch. The bill’s passage was celebrated by religious leaders, including The Church of Jesus Christ of Latter-day Saints.

Avoiding anarchy and navigating controversy

The RFRA has been instrumental in protecting religious freedom in a variety of cases, including securing the rights of Sikh soldiers, Native Americans, and Catholic nuns. It has not led to anarchy, as some critics feared, due to the law’s requirement that government officials prove a compelling state interest when challenged by religious exemptions. However, the RFRA has also been at the center of controversial cases, such as the Hobby Lobby decision, which complicated its public image.

Calls for reform and limitations on the RFRA

In recent years, there have been calls to reform the RFRA, with concerns that it grants too much power to conservative Christians and hampers LGBTQ rights. Bills like the Equality Act and the Do No Harm Act seek to limit the scope of the RFRA, preventing its use to defend against discrimination claims. Critics argue that the RFRA’s balancing test has been manipulated, making it easier for religious exemptions to be granted. However, defenders of the RFRA argue that it allows individuals to live according to their sincerely held beliefs.

Conclusion:

As the RFRA reaches its 30th anniversary, the debate surrounding its future intensifies. While the law has protected religious freedom in many cases, it has also become entangled in culture wars. Efforts to reform the RFRA aim to strike a balance between religious freedom and other rights, but they also raise concerns about the potential limitations on people of faith. The RFRA’s legacy is a testament to the power of bipartisan, interfaith cooperation, but its future remains uncertain in an evolving society.


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