Religious Freedom Restoration Act of
1993 (RFRA)
SEC. 1. SHORT TITLE.
This Act may be cited as the 'Religious Freedom Restoration Act
of 1993'.
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.
SEC. 3. FREE EXERCISE OF RELIGION PROTECTED.
(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--
(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. 6. APPLICABILITY.
(a) In General.--This Act applies to all Federal . . . 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. ESTABLISHMENT CLAUSE UNAFFECTED.
Nothing in this Act shall be construed to affect, interpret, 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 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.