NEWS STORY: Coalition pushing for religious liberty law is fraying

c. 1999 Religion News Service WASHINGTON _ Some key liberal and religious groups have withdrawn support for the proposed Religious Liberty Protection Act, saying while they still support its goal of restoring religious liberties they believe Americans have lost, it has become mired in political debate. That political debate has focused on whether religious rights […]

c. 1999 Religion News Service

WASHINGTON _ Some key liberal and religious groups have withdrawn support for the proposed Religious Liberty Protection Act, saying while they still support its goal of restoring religious liberties they believe Americans have lost, it has become mired in political debate.

That political debate has focused on whether religious rights might be given a higher priority than gay rights and other civil rights in certain cases.”Until very recently the idea of affording the highest level of constitutional protection for religious liberty was a consensus issue on Capitol Hill,”said Mark Pelavin, associate director of the Religious Action Center of Reform Judaism.”It’s becoming an increasingly divisive one, an increasingly partisan one.” The House of Representatives passed the bill in July by a vote of 306 to 118. It would require a state or local government to demonstrate that it has a compelling reason _ such as safety or health concerns _ and is operating in the least restrictive manner before it could legally infringe upon religious beliefs or practices.


The measure, which awaits Senate action, aims to reinstate protections included in the Religious Freedom Restoration Act of 1993. The Supreme Court struck down RFRA in 1997, ruling Congress overstepped its authority and infringed on states’ rights when it passed the legislation.

Pelavin, who has co-chaired the legislative task force of the Coalition for the Free Exercise of Religion, said the coalition has had 70 to 80 members. Several coalition members estimate at least a dozen have withdrawn their support of RLPA.

Among those removing their endorsement are the National Council of Churches, the Religious Action Center of Reformed Judaism, People for the American Way, Americans United for Separation of Church and State, the United Church of Christ and the Anti-Defamation League.

The Rev. Oliver”Buzz”Thomas, special counsel for religious liberty to the National Council of Churches, said the high court made a trio of rulings shortly before the House vote on RLPA that reduced the federal government’s power to regulate state and local governments. Those decisions placed in further doubt whether RLPA would be upheld by the court if it became law, he said.

Representatives of groups no longer backing RLPA often cite these changes in the law as well as an evolving political climate for their decision.

Although many RLPA supporters argue that it is not the case, critics had argued that it would cause religious rights to trump other civil rights. In addition to gay rights groups, coalition members said organizations with interests ranging from abortion rights to domestic violence to education had also voiced concerns.”People have the misimpression that it’s a zero-sum game, that it’s religious freedom vs. civil rights and that a diminution in civil rights is caused by an increase in the protection of religious freedom, and that’s just out-and-out wrong,”said Michael Leiberman, Washington counsel for the ADL.”We have in the faith community … an education task ahead of us.” The American Civil Liberties Union, which left the coalition earlier over this debate, continues to hope for an alternative.”Our position all along has been that Congress can do a better job of protecting religious exercise without causing harm to civil rights laws,”said Christopher Anders, legislative counsel for the ACLU.

Several groups felt caught between those supporting gay rights and those supporting religious rights.”This is a divisive debate that would pit … two very important concepts against each other,”said Catherine LeRoy, public policy director at People for the American Way.”Particularly given that we don’t know even how the statute would fare in the courts, this is a fight that we don’t need right now.” Despite the reduction in support, other coalition members say they will continue to push for RLPA.”There’s still strong support for the bill,”said Crystal Roberts, legal policy analyst for the Family Research Council.


Among other groups still backing RLPA are the Church of Jesus Christ of Latter-day Saints, the Ethics and Religious Liberty Commission of the Southern Baptist Convention, and the American Jewish Congress.

Some coalition members voiced concern about those no longer backing RLPA.”The suspension of the activity by these 12 or so groups changes the political complexion of the groups,”said Marc Stern, a lawyer for the American Jewish Congress.”What remains is now tilted to the right … and that changes the political likelihood of success.” At least one member of the coalition, the Baptist Joint Committee on Public Affairs, has not withdrawn support for RLPA but does not intend to be an active advocate.”We would be happy were RLPA to pass,”said J. Brent Walker, general counsel of the Baptist committee.”It’s just that we don’t think that there’s much of a chance for that to happen.” Some RLPA supporters say they may now work on proposed legislation dealing with limited issues of religious liberty such as cases involving land use and prisoners’ religious rights.

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Roberts, of the Family Research Council, said her group does not support a more limited version.”That leaves out the religious hospitals that don’t want to teach about abortion,”she said.”That leaves out the students in public schools. It leaves home schoolers vulnerable.” Michael Farris, president of the Home School Legal Defense Association and an opponent of the current RLPA language, thinks chances for passage of a limited version are slim. He said the lack of a consensus among coalition members”means that RLPA is dead.” The Senate has held general hearings on religious liberty but RLPA has yet to be introduced, said Jeanne Lopatto, press secretary for the Senate Judiciary Committee, which is chaired by Sen. Orrin Hatch, R-Utah.”Senator Hatch has not yet introduced a measure,”she said Thursday (Sept. 23).”He is leaning towards doing that, but he hasn’t done that.”

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