God's Truth In Love

Religious Freedom Restoration Act of 1993

In Advice, Agape Love, Anger, Apostasy, Bible, Biblical Principles, Chrisitan Lifestyle, Christian, Christian Living, Christianity, Devotional, End Times, Exhortation, Fruits of the Holy Spirit, God, God's Voice, Godliness, Godly Counsel, Holy Spirit, Jesus, Love, Persecution, Prayer, Prophecy, Prophet, Prophetess, Religious Freedom, Remnant, Revival, Rhema Words, Spiritual Activism, Spiritual Activists, Spiritual Fruit, Spiritual Remnant, Truth, Uncategorized on April 1, 2015 at 1:40 pm

Do not allow people to walk all over you just because you are a godly person.  Understand when the time has come to stand up and in a godly way push back against the tide of society. 

DEPOSITORY – JUSTICE DEPT. LIBRARY

PUBLIC LAW 103-141—NOV. 16, 1993

RELIGIOUS FREEDOM RESTORATION ACT

OF 1993

DEPT. OF JUSTICE

MAR18,1994

MAIN LIBRARY

Pg. 2

107 STAT. 1488 PUBLIC LAW 103-141—NOV. 16, 1993

Public Law 103-141

103d Congress

An Act

Nov. 16, 1993 To protect the free exercise of religion.

[H.R. 1308]

Religious Be it enacted by the Senate and House of Representatives of

Freedom the United States of America in Congress assembled,

Restoration Act

of1993. SECTION 1. SHORT TITLE.

42 USC 2000bb

note. This Act may be cited as the "Religious Freedom Restoration

Act of 1993".

42 USC 2000bb. 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.

42 USC SEC. 3. FREE EXERCISE OF RELIGIONPROTECTED.

2000bb-l

(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—

Pg. 3

PUBLIC LAW 103-141—NOV. 16, 1993 107 STAT. 1489

(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. ATTORNEYSFEES.

(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. 42 USC

As used in this Act— 2000bb-2.

(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. 42 USC

2000bb-3. (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. ESTABLISHMENTCLAUSE UNAFFECTED. 42USC

Nothing in this Act shall be construed to affect, interpret, 2000bb-4.

or in any 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

Pg. 4

107 STAT. 1490 PUBLIC LAW 103-141—NOV. 16, 1993

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.

21 states have a version of the Religious Freedom Restoration Act enacted by their legislature:

Alabama (state constitution amendment)

Arizona

Arkansas

Connecticut

Florida

Idaho

Illinois

Indiana

Kansas

Kentucky

Louisiana

Mississippi

Missouri

New Mexico

Oklahoma

Pennsylvania

Rhode Island

South Carolina

Tennessee

Texas

Virginia

States with RFRA-like provisions – provided by state court decisions—rather than via legislation:

Alaska

Hawaii

Ohio

Maine

Massachusetts

Michigan

Minnesota

Montana

North Carolina

Washington

Wisconsin

 

Spiritual/Political Disclaimer:

This blog will not be for the faint of heart or the easily offended. It will not be in any way politically correct. It will make every effort to share the truth in love, [Ephesians 4:11-16], to a decaying and dying society and church. I share what I share not to hurt, harm, or offend any person[s] or group; I do it because Christ’s Standard and Truth is not being represented by enough of His Followers and I do it out of love. I love enough to tell His Truth.

Ephesians 4:11-16 NKJV

11And He Himself gave some to be apostles, some prophets, some evangelists, and some pastors and teachers, 12for the equipping of the saints for the work of ministry, for the edifying of the body of Christ, 13till we all come to the unity of the faith and of the knowledge of the Son of God, to a perfect man, to the measure of the stature of the fullness of Christ; 14that we should no longer be children, tossed to and fro and carried about with every wind of doctrine, by the trickery of men, in the cunning craftiness of deceitful plotting, 15but, speaking the truth in love, may grow up in all things into Him who is the head—Christ— 16from whom the whole body, joined and knit together by what every joint supplies, according to the effective working by which every part does its share, causes growth of the body for the edifying of itself in love.

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