Democrats Introduce Bill to Counter Religious Freedom Law
July 19th, 2018
Democrats introduced a bill to amend the Religious Freedom Restoration Act, which they say has been used to discriminate against the LGBTQ community.
In May of 2018, Democratic senators introduced a bill to amend the Religious Freedom Restoration Act, which according to the original sponsors of the law has been misappropriated and used to discriminate against numerous individual including those who identify as LGBTQ. This bill is significant because it has the potential to change a twenty-five-year-old Act which has had a profound impact on numerous issues in the country.
How was the Religious Freedom Restoration Act Created?
Signed by President Bill Clinton in 1993, the Religious Freedom Restoration Act was created to prevent government officials from forcing other people to violate their religious beliefs. Instead, the government is only permitted to substantially burden a person’s exercise of religion if it is the least restrictive means of advancing a compelling government purpose. This was designed to be a particularly high standard to decrease the chances that interference would occur with someone’s religious perspective. The Act applies to all federal law and the implementation of those laws.
In 1997, the Supreme Court overturned part of the Act when it held that the Act should only apply to federal and not state law. The Supreme Court argued that extending the law to each state’s regulations would signify that Congress was stepping beyond its powers of enforcement under the Fourteenth Amendment. However, it is important to note that the Act has inspired at least 21 states to create similar laws. In 2001, the Supreme Court confirmed the constitutionality of the Religious Freedom Restoration Act as it applied to federal laws and the federal government.
How would the New Bill Revise the Religious Freedom Restoration Act?
The new Do No Harm Act was created so that people can continue to live without the fear that their rights will be violated with regards to their gender, gender identity, race, or sexual orientation. The Do No Harm Act, if signed into law, will prevent the Religious Freedom Restoration Act from being used to discriminate against or deny equal opportunity to anyone. It will protect against child abuse, and promote access to healthcare and other services to which a person would be legally entitled. The Act has received significant support from civil rights, LGBTQ, and women’s rights groups.
The Goal of the Universal Life Church’s Blog
While there are certain fundamental religious rights that were originally created in the Constitution, there have been numerous developments regarding these rights. Recent developments in LGBTQ rights as well as other civil rights advancements have drawn attention to issues with the Religious Freedom Restoration Act, which was only signed into law 25 years ago. Each month, the Universal Life Church’s blog focuses on describing developments regarding religious and civil rights.
(image courtesy of Marcie Douglass)
