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.
