On Friday, January 10, the Union of Orthodox Jewish Congregations of
America, the nation's largest Orthodox Jewish umbrella organization,
joined in two "friend of the court" briefs filed with the United States
Supreme Court in support of the constitutionality of the Religious
Freedom Restoration Act ("RFRA"). RFRA, which was signed into law in
1993, essentially requires that government agencies must demonstrate a
compelling interest before a regulation or policy interferes with the
practice of religion.
The Orthodox Union joined with a broad coalition of civil rights and
religious organizations that came together as the "Coalition for the
Free Exercise of Religion" to get RFRA passed. The Coalition brief
argues that RFRA neither establishes religion in violation of the First
Amendment, nor requires that government become improperly "entangled"
with religion in evaluating the needs of religious citizens.
The second brief in which the Orthodox Union joined was filed by the
National Jewish Commission On Law and Public Affairs and authored by
noted constitutional attorney and IPA Executive Committee member Nathan
Lewin. This brief was designed to provide the high court with the
unique perspective of the Orthodox Jewish community on issues of
religious accommodation at RFRA is targeted. The brief contends that
RFRA is needed to "direct government officials to be mindful of the
religious observances of those who are subject to [its] authority" and
to provide "the national moral imperative of religious tolerance."
"There have been many lower court challenges to RFRA since its passage,"
said Nathan Diament, director of the Orthodox Union's Institute for
Public Affairs, "so we are pleased the Supreme Court is set to resolve
the issue. We are confident," continued Diament, "that the Court will
find RFRA constitutional and we can get on with ensuring that it is
complied with across the nation.
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