Religious Freedom Restoration Act :: essays research papers

Religious Freedom takings Act     In this paper I will cast the Religious Freedom Restoration Act.This Act was used to contradict the decision of the homage case of EmploymentDivision v. Smith, which allowed the organization to forbid any spiritual actwithout giving a reason. The RFRA brought back the requirement that thegovernment provide an adequate reason to forbid any spiritual act. Thegovernment once once again had to show that the act was of compelling interestagainst the state.     In 1993 one of the most important acts that has gone thorough Congresswas passed (Religious Freedom, Map of the RFRA). This was the Religious FreedomRestoration Act (RFRA) of 1993 (Religious Freedom, Map of the RFRA). This actwas passed to answer the 1990 court case Employment Division v. Smith (Questionsand Answers, Map of the RFRA). Employment Division v. Smith was a court case inwhich the issue was whether Sacramental use of peyote by members of th e NativeAmerican Church was protected under the alleviate exercise clause of the FirstAmendment, which provides that Congress shall make no law...prohibiting thefree exercise of religion.(Questions and Answers, Map of the RFRA). Accordingto Justice Scalia, if prohibiting the exercise of religion was merely theincidental effect of a generally applicable and otherwise valid provision, theFirst Amendment was not offended. (Questions and Answers, Map of the RFRA).Thus,"...the government no longer had to justify most burdens on religious exercise.The free exercise clause offered protection only if a particular religiouspractice was singled out for discriminatory treatment. In short, free exercisewas a make out category of equal protection. This placed religious rights in aninferior position to other First Amendment rights such as freedom of speech andpress." (Questions and Answers, Map of the RFRA).This court case caused a series of court cases about religious freedoms(Religio us Freedom, Map of the RFRA). Congress enacted the RFRA to contradictthe negative affect that court cases had recently had on religiousfreedoms(Religious Freedom, Map of the RFRA).     The RFRA is what it states it is in the title, a restorationact(Religious Freedom, Map of the RFRA). Congress decided that in EmploymentDivision v. Smith,"the supreme court virtually eliminated the requirement that the governmentjustify burdens on religious exercise imposed by laws neutral toward religionand the compelling interest test as set forth in prior Federal court rulings isa workable test for striking sensible balances between religious liberty andcompeting prior governmental interests."(Religious Freedom, Map of the RFRA)In other words, the government did not have to have a reason to impose laws