 National Association of Counties * Washington, D.C. Vol. 31, No. 15 * August 9, 1999 Previous story | Table of Contents | Next story Religious liberty bill passes House Approval probable in the Senate; bill By Diane S. Shea
Outlining a long list of purported "horror stories" about how cities and counties had persecuted religious expression in zoning, parking lot sizes and traffic control, the House of Representatives has voted, 306-118, to pass the "Religious Liberty Protection Act of 1999" (H.R. 1691). An amendment excluding state and local anti-discrimination laws from the bill’s coverage was defeated overwhelmingly. The bill now goes to the Senate where its primary supporter, Sen. Orrin Hatch (R-Utah), may try to bring the bill directly to the Senate floor for a vote instead of first seeking approval by the Judiciary Committee. The White House has gone on record in strong support of the bill. If enacted into the law, the bill would virtually exempt churches and other religious institutions from local zoning, land use and environmental laws if the churches claim that the local laws would "substantially burden" the institutions. A county would have to prove – in federal court – that the local ordinance or regulation was adopted to further a "compelling" public interest and that there is no less restrictive means to achieve it. The bill also could prevent neglected and abused children from obtaining protection from county and state agencies if their parents object on religious grounds. Under a prior statute – nearly identical to H.R. 1691 – later found to be unconstitutional by the Supreme Court, a series of federal courts upheld situations allowing jail prisoners to engage in religious rituals and sexual practices that violated prisoner security rules, permitted children who practice the Sikh religion to carry knives in school, allowed a non-custodial parent to claim that he was unable to pay child support because he had given all his money possessions to the church, and allowed a homeless shelter in a residential neighborhood to violate building safety codes. Supporting the Religious Liberty Protection Act are many conservative and fundamentalists organizations that have targeted the bill as their key legislative priority for 1999. Senators’ offices are being inundated with faxes, phone calls and e-mails from churchmembers and listeners of religious talk shows, and many Senators have admitted that they are leaning toward supporting the bill. Counties should contact their Senators immediately to ask them to oppose the Religious Liberty Protection Act. Also see NACo’s Web site for a sample county resolution opposing the bill at www.naco.org/leg/advocacy/index.cfm. (Staff contact: Diane S. Shea, 202/942-4269, dshea@naco.org) |