STATES HAVE BEEN ACTIVE ON THE ISSUE FOR MANY YEARS
With President Trump in the White House, religious conservatives hope he will follow through on a campaign promise to make his “first priority” protecting religious liberty.
They’re eager for him to sign an executive order that builds on a 1993 law protecting religious freedom. That law, the Religious Freedom Restoration Act, was enacted in response to a Supreme Court ruling on the First Amendment’s guarantee of the free exercise of religion.
Here’s a look at the history of the law. APRIL 17, 1990 The Supreme Court ruled against two Oregon drug and alcohol counselors who had been fired by a private drug rehabilitation organization for ingesting the hallucinogen peyote as part of a religious ceremony at their Native American church. Ingesting peyote was illegal in Oregon. In a 5-4 decision, the court said the use of peyote was not protected by the First Amendment’s guarantee of the free exercise of religion. NOV. 16, 1993 Backed by a broad coalition of religious and civil liberties groups, Congress passed the Religious Freedom Restoration Act of 1993. Passed with a near-unanimous vote, the legislation said a government can “substantially burden” a person’s exercise of religion only if it advances an important government interest and does so in the least restrictive way possible. JUNE 25, 1997 In a case involving the arch- bishop of San Antonio’s dispute with local zoning authorities over a church expansion, the Supreme Court ruled 6-3 that the act is unconstitutional as applied to states. Justice Anthony Kennedy wrote that Congress lacked the authority to impose the law on states. FEB. 21, 2006 In a unanimous decision, the court said a small religious sect could continue to import a hallucinogenic tea used in religious ceremonies. The tea contains a drug prohibited by federal law. JUNE 30, 2014 A divided Supreme Court ruled that closely held corporations can decide for religious reasons not to include contraception coverage in health insurance plans offered to employees. MARCH 26, 2015 Citing the Supreme Court’s decision in the previous case, Gov. Mike Pence said Indiana needed its own version of the federal law to “ensure that religious liberty is fully protected under Indiana law.” Indiana became the 20th state to enact such a law, setting off the biggest controversy of Pence’s political career. Opponents feared it could be used to discriminate against lesbians, gay men, bisexuals and transgender people in the name of religion. 2017 A leaked draft version of President Trump’s executive order directs federal agencies to fully implement the protections of the Religious Freedom Restoration Act. The draft said the government shouldn’t “substantially burden a person’s or religious organization’s religious exercise” — unless doing so is the least restrictive means of furthering a compelling governmental interest.