WHAT RLPA IS
The Religious
Liberty Protection Act (RLPA) is a bill that protects religious practices
from governmental interference.
RLPA prohibits the government from placing a substantial burden on
religious practices unless it is the least restrictive means of furthering
a compelling interest such as health or safety.
WHY RLPA IS NECESSARY
In 1997
the Supreme Court removed certain legal protections for religious freedom
when it struck down the Religious Freedom Restoration Act (RFRA), allowing
governmental policies and regulations to substantially and unnecessarily
burden religious practices.
EXAMPLES OF INFRINGEMENTS OF
RELIGIOUS FREEDOM
-
A small church in
Florida is ordered to stop its ministry of feeding the
homeless.
-
Orthodox Jews in a
Los Angeles suburb cannot practice their religion because an ordinance
bars houses of worship within walking distance of the area.
-
A county council in
South Carolina banned Home Bible studies but not Tupperware meetings or
football parties.
-
Western Presbyterian
Church in Washington, D.C., which had for years run a program to feed
the homeless was notified by the Board of Zoning Adjustment that it
would not be able to continue the feeding program in its new
building. The church
successfully brought suit in Federal District Court under RFRA before
the law was struck down.
HOW RLPA WORKS
RLPA relies on
three powers of Congress as defined in the Constitution: the Spending
Power, the Commerce Clause, and the 14th Amendment. Under RLPA, state or local
officials may not substantially burden religious exercise in any state
program or activity that receives federal financial assistance, or in any
case in which the burden on religious exercise or removal of the burden
would affect commerce, unless it is the least restrictive means of
furthering a compelling state interest such as health or safety. RLPA also simplifies litigation of
free exercise violations, as defined by the Supreme Court, by shifting the
burden of persuasion to the government on most elements of the claim after
the claimant makes out a prima facie case. RLPA also specifically addresses
problems of religious institutions substantially burdened by land-use
regulations. RLPA is designed
to give as much protection for religious freedom as possible through a
federal law.
WHO SUPPORTS RLPA
More than 80
religious groups and civil rights organizations — including Family
Research Council, Baptist Joint Committee on Public Affairs, Episcopal
Church, American Jewish Congress, Union of Orthodox Jewish Congregations,
Focus on the Family, the National Conference of Catholic Bishops — have
joined together to support RLPA.
There is broad, bipartisan support for the bill, as there was for
its predecessor, RFRA. RFRA
was supported unanimously in the House and by nearly every Senator when it
was passed in 1993.