Written by Don Byrd
This year marks the 20th anniversary of the Religious Freedom Restoration Act (RFRA) of 1993, a law that prohibits the federal government from placing a substantial burden on a person’s religious exercise unless there is a compelling government interest in doing so, and the burden is necessary to achieve that interest. To commemorate the occasion, the Baptist Joint Committee for Religious Liberty is sponsoring a symposium at the Newseum in Washington, D.C. on November 7 to discuss RFRA with several fellow advocates for religious liberty.
RFRA is often the vehicle for everyday, unexpected conflicts that arise between government regulation and religious exercise – from the desire among Amish to live a simple and secluded life to homeless ministries that use public parks to feed the hungry. It has also been the central law in hot-button controversies like the current challenges to the Affordable Care Act’s contraception coverage mandate.
The BJC’s General Counsel Holly Hollman provides a helpful overview of the law’s shifting landscape in a new piece for Report From the Capital.
Since RFRA was signed into law by President Bill Clinton in 1993, the legal landscape of religious liberty has shifted dramatically. Subsequent cases and federal and state laws have affected RFRA’s usage, and RFRA is being applied in new contexts that were unforeseen two decades ago. There is no longer broad consensus about RFRA’s benefits or even its intended scope. Many groups who once supported RFRA (and the law’s state corollaries) have since changed course, fearing that these laws are increasingly being used too expansively in ways that harm other important rights. While RFRA sets a high standard for religious freedom claims, without regard to any particular claim or outcome, its application in the context of civil rights and health care laws has dampened its popularity among some prior advocates. At the same time, others conclude the laws have not done enough to provide meaningful protection for religious liberty and should be strengthened.
The symposium is free and open to the public but space is limited so RSVP by October 31!
