Tag Archives: Religious Freedom Restoration Act of 1993

Taking Away The Freedoms Guaranteed In Our Constitution

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The First Amendment to the U. S. Constitution reads:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Laws passed by Congress and state legislators are supposed to be in line with the U.S. Constitution. However, there is a bill currently in the House of Representatives that not only undermines the First Amendment, it also cancels out The Religious Freedom Restoration Act of 1993. H.R. 5 is a nightmare for those who believe in religious liberty and freedom of religion.

The Heritage Foundation lists seven problems with the bill:

1. It would penalize Americans who don’t affirm new sexual norms or gender ideology.

2. It would compel speech.

3. It could shut down charities.

4. It would allow more biological males to defeat girls in sports.

5. It could be used to coerce medical professionals.

6. It could lead to more parents losing custody of their children.

7. It would enable sexual assault. 

All of these problems have already arisen. Please follow the link to The Heritage Foundation to view the details.

The Liberty Counsel posted an article on May 10 detailing one major aspect of H.R.5. The article states:

HR 5, in the U.S. House, and S. 788, in the Senate, misnamed the “Equality Act,” takes the unpreceded step of eliminating the Religious Freedom Restoration Act of 1993 (RFRA) as a claim or defense to the application of many federal laws. This bill drastically alters religious freedom in all cases, not just those involving LGBT.

For example, the Civil Rights Act of 1964 permits houses of worship to make employment decisions based on religion. This recognizes the essential right for houses of worship to employ those who align with their religious doctrine. The “Equality Act” would abolish this fundamental right. Catholic and Christian churches could be forced to hire atheists. If a synagogue preferred a Jew over a Muslim, it would not be able to raise RFRA as a claim or defense.

RFRA is a federal law that protects religious freedom. Specifically, it “prohibits any agency, department, or official of the United States or any State (the government) from substantially burdening a person’s exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a person’s exercise of religion only if it demonstrates that application of the burden to the person.” 

However, HR 5 clearly forbids raising RFRA as a claim or defense to the application to the “Equality Act” and many other federal laws that would be amended by this bill.

This “Equality Act” extends the federal protections to include sexual orientation, gender identity, and pregnancy, i.e. abortion. HR 5 applies to employment, housing, rental, public accommodation and more. In addition, the terms “sexual orientation” and “gender identity” will be defined to mean “pregnancy, childbirth, or a related medical condition.” In other words, under the terms of this bill, “pregnancy, childbirth or a related medical condition… shall not receive less favorable treatment than other physical conditions.” The “Equality Act” also expands the definition of public accommodations to include places or establishments that provide (1) exhibitions, recreation, exercise, amusement, gatherings, or displays; (2) goods, services, or programs; and (3) transportation services.”

After passing the House Judiciary Committee recently, the “Equality Act” will now go to the House next week and then be sent to the Senate, where the bill number is S. 788.

If you value religious freedom in America, please call your Senator and tell them to vote against this bill. It will probably pass in the House of Representatives, but needs to be stopped in the Senate. If you are not a religious person and don’t think this is a problem, remember that if the government can undo religious freedom, it can also undo other freedoms. You might not be impacted this time, but if this bill passes, there will be more to follow.

Losing The Right To Practice Your Faith In America

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On May 18, Representative Joseph P. Kennedy III from Massachusetts introduced H.R. 5272 into the U.S. House of Representatives. On May 23, the bill was referred to the Subcommittee on the Constitution and Civil Justice.

On Monday, CNS News posted an article about the bill. The article reports describes the bill:

…would amend the 1993 Religious Freedom Restoration Act (RFRA) to specify that religious exceptions should not apply to “protections against discrimination or the promotion of equal opportunity” and “access to, information about, referrals for, provision of, or coverage for, any health care item or service.”

The legislation is intended to “clarify that no one can seek religious exemption from laws guaranteeing fundamental civil and legal rights.”

The bill emphasizes that RFRA should not be interpreted to “authorize an exemption from generally applicable law that imposes the religious views, habits, or practices of one party upon another” or authorize “an exemption from generally applicable law that imposes meaningful harm, including dignitary harm, on a third party.”

Kennedy claimed in announcing the bill that “the Religious Freedom Restoration Act has become a vehicle for those seeking to impose their beliefs on others or claim that the tenants of their faith justify discrimination.”

This suggested bill would undo exactly what the 1993 RFRA did. Christians who believe in the Bible cannot condone homosexual behavior without compromising their beliefs. Homosexual behavior is strongly condemned in the Bible. Notice that the behavior is condemned–not the person. Anything a Christian is asked to do that supports the homosexual agenda is automatically against their beliefs. Normally businessmen have the freedom (and right) to do business with whomever they choose. Shouldn’t that right also be given to Christians? This bill would take away that right. It is interesting that the businesses that have come under attack for refusing services for homosexual weddings have all been Christian. I am waiting for the first case to be brought against a Muslim business owner. Do you think it will be handled the same way?

The thing to watch as this moves forward is the changes in the language.

This is part of the text of the bill (taken from Thomas.gov):

SEC. 2. Sense of Congress.

It is the sense of Congress that—

(1) the Religious Freedom Restoration Act of 1993 should not be interpreted to authorize an exemption from generally applicable law that imposes the religious views, habits, or practices of one party upon another;

(2) the Religious Freedom Restoration Act of 1993 should not be interpreted to authorize an exemption from generally applicable law that imposes meaningful harm, including dignitary harm, on a third party; and

(3) the Religious Freedom Restoration Act of 1993 should not be interpreted to authorize an exemption that permits discrimination against other persons, including persons who do not belong to the religion or adhere to the beliefs of those to whom the exemption is given.

SEC. 3. Exception from application of Act where Federal law prevents harm to others.

Section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb–3) is amended by adding at the end the following:

“(d) Additional exception from application of Act where Federal law prevents harm to others.—This section does not apply—

“(1) to any provision of law or its implementation that provides for or requires—

“(A) protections against discrimination or the promotion of equal opportunity including the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family Medical Leave Act, Executive Order 11246, the Violence Against Women Act, and Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity (77 FR 5662);

“(B) employers to provide wages, other compensation, or benefits including leave, or standards protecting collective activity in the workplace;

“(C) protections against child labor, abuse, or exploitation; or

“(D) access to, information about, referrals for, provision of, or coverage for, any health care item or service;

“(2) to any term requiring goods, services, functions, or activities to be performed or provided to beneficiaries of a government contract, grant, cooperative agreement, or other award; or

“(3) to the extent that application would result in denying a person the full and equal enjoyment of a good, service, benefit, facility, privilege, advantage, or accommodation, provided by the government.”.

As those who practice deviant lifestyles become politically active and become ‘protected classes’ of people claiming discrimination, we will see this law reach new heights.

The ‘Do No Harm Act’ would also forbid religious objection to ‘any healthcare’ service. Nurses or doctors who believe in the sanctity of life will be required to perform or assist with abortions even if abortion violates their religious beliefs.

Make no mistake. Christianity is under attack in America. Unless Christians begin to pay attention to what is going on in Washington, they will wake up one day and find out that the only place they are free to practice their faith is inside the walls of the church.