X-Message-Number: 2500.1
Subject: Religious Freedom Restoration Act
RELIGIOUS FREEDOM RESTORATION ACT OF 1993
Public Law 103-141 - Nov. 16, 1993
103d Congress
An Act
To protect the free exercise of religion
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. Short Title.
This Act may be cited as the "Religious Freedom Restoration Act of 1993".
Sec. 2. Congressional Findings and Declaration of Purposes.
(a) Findings. - The Congress finds that -
(1) the framers of the Constitution, recognizing free exercise of
religion as an unalienable right, secured its protection in
the First Amendment to the Constitution;
(2) laws "neutral" toward religion may burden religious exercise as
surely as laws intended to interfere with religious exercise;
(3) governments should not substantially burden religious exercise
without compelling justification;
(4) in Employment Division v. Smith, 494 U.S. 872 (1990) the
Supreme Court virtually eliminated the requirement that
the government justify burdens on religious exercise imposed
by laws neutral toward religion; and
(5) the compelling interest test as set forth in prior Federal
court rulings is a workable test for striking sensible balances
between religious liberty and competing prior governmental
interests.
(b) Purposes - The purposes of this Act are -
(1) to restore the compelling interest test as set forth in
Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v.
Yoder, 406 U.S. 205 (1972) and to guarantee its application
in all cases where free exercise of religion is substantially
burdened; and
(2) to provide a claim or defense to persons whose religious
exercise is substantially burdened by government.
Sec. 3. Free Exercise of Religion Protected.
(a) In General - Government shall not substantially burden a person's
exercise of religion even if the burden results from a rule of
general applicability, except as provided in subsection (b).
(b) Exception - Government may substantially burden a person's
exercise of religion only if it demonstrates that application
of the burden to the person -
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling
governmental interest.
(c) Judicial Relief - A person whose religious exercise has been
burdened in violation of this section may assert that violation
as a claim or defense in a judicial proceeding and obtain
appropriate relief against a government. Standing to assert a
claim or defense under this section shall be governed by the
general rules of standing under article III of the Constitution.
Sec. 4. Attorneys Fees.
(a) Judicial Proceedings - Section 722 of the Revised Statutes
(42 U.S.C. 1988) is amended by inserting "the Religious Freedom
Restoration Act of 1993," before "or title VI of the Civil Rights
Act of 1964".
(b) Administrative Proceedings - Section 504(b)(1)(C) of title 5,
United States Code, is amended -
(1) by striking "and" at the end of clause (ii);
(2) by striking the semicolon at the end of clause (iii) and
inserting ", and"; and
(3) by inserting "(iv) the Religious Freedom Restoration Act of
1993;" after clause (iii).
Sec. 5. Definitions.
As used in this Act -
(1) the term "government" includes a branch, department, agency,
instrumentality, and official (or other person acting under
color of law) of the United States, a State, or a subdivision
of a State;
(2) the term "State" includes the District of Columbia, the
Commonwealth of Puerto Rico, and each territory and possession
of the United States;
(3) the term "demonstrates" means meets the burdens of going forward
with the evidence and of persuasion; and
(4) the term "exercise of religion" means the exercise of religion
under the First Amendment to the Constitution.
Sec. 6. Applicability.
(a) In General - This Act applies to all Federal and State law, and
the implementation of that law, whether statutory or otherwise,
and whether adopted before or after the enactment of this Act.
(b) Rule of Construction - Federal statutory law adopted after the
date of the enactment of this Act is subject to this Act unless
such law explicitly excludes such application by reference to
this Act.
(c) Religious Belief Unaffected - Nothing in this Act shall be
construed to authorize any government to burden any religious
belief.
Sec. 7. Establishment Clause Unaffected.
Nothing in this Act shall be construed to affect, interpret, or
in any other way address that portion of the First Amendment
prohibiting laws respecting the establishment of religion
(referred to in this section as the "Establishment Clause").
Granting government funding, benefits, or exemptions, to the
extent permissible under the Establishment Clause, shall not
constitute a violation of this Act. As used in this section,
the term "granting", used with respect to government funding,
benefits, or exemptions, does not include the denial of
government funding, benefits, or exemptions.
Approved November 16, 1993
Legislative History - H.R. 1308 (S. 578)
House Reports: No. 103-88 (Comm. on the Judiciary)
Senate Reports: No. 103-111 accompanying S. 578 (Comm. on the Judiciary)
Congressional Record: Vol. 139 (1993):
May 11, considered and passed House.
Oct. 26, 27, S. 578 considered in Senate; H.R. 1308 amended, passed in lieu.
Nov. 3, House concurred in Senate amendment.
Weekly Compilation of Presidential Documents, Vol. 29 (1993):
Nov. 16, Presidential remarks.
Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=2500.1