version of the Religious Freedom Restoration Act has cleared an Illinois Senate committee, making that state the latest target for the "special rights" legislation. Senate Bill 1591, along with its House counterpart -- HB 2370 -- both seek to reimpose the use of stricter standards when government takes any action to "substantially burden" a religious group or practice. The measures are modeled on the discredited Religious Freedom Restoration Act which last year was declared unconstitutional in the historic case of BOERNE v. FLORES.

    That decision involved a Roman Catholic Church in Boerne, Texas, which sought exemption from local zoning laws when it tried to obtain a permit to demolish an historic structure and build a new facility. The church defended its refusal to follow the ordinances under the 1993 RFRA, which had been passed by Congress and required governments to demonstrate "a compelling interest" in any action which "burdened" a religious group, individual or practice. The 6-3 decision by the high court focused primarily on the question of whether Congress had overstepped its authority in imposing an interpretative standard for the law. But Justice John Paul Stevens noted the First Amendment aspects of the case:

    "If the historic landmark on the hill in Boerne happened to be a museum or an art gallery owned by an atheist, it would not be eligible for an exemption from the city ordinances that forbid an enlargement of the structure. Because the landmark is owned by the Catholic Church, it is claimed that RFRA gives its owner a federal statutory entitlement to an exemption from a generally applicable, neutral civil law. Whether the Church would actually prevail under the statute or not, the statute has provided the Church with a legal weapon that no atheist or agnostic can obtain."

    Justice Stevens added, "This governmental preference for religion, as opposed to irreligion, is forbidden by the First Amendment."

    Critics of RFRA have been few; alarmingly, many "separationist" and civil liberties groups have joined in working with an umbrella religious group known as the Coalition for the Free Exercise of Religion which crafted the original RFRA, and is now working on state versions of the discredited amendment and a new "son-of-RFRA" for consideration again by Congress. Groups such as the American Civil Liberties Union and People for the American Way have joined with churches and other religious organizations, including the Southern Baptist Convention, Church of Scientology, Episcopal Church, American Humanist Association, National Council on Islamic Affairs, Presbyterian Church, American Ethical Union, Mystic Temple of Light and the American Muslim Council.

    American Atheists has charged that the Religious Freedom Restoration Act is creating unconstitutional and discriminatory "special rights" for believers. Ellen Johnson, President of American Atheists, says that this is unfair to millions of atheists in the United States.

    "RFRA sets up one standard of legal enforcement for churches -- and a lenient one at that -- while ordering everyone else, from private individuals to businesses, that they have to obey laws, regulations and ordinances. Clearly this discriminates against non-religious groups, people and activities. If that isn't 'Establishing' religion over non-religion, I don't know what is."

    The Illinois measure will now head to the full state Senate, where a vote is expected in April. Other states with RFRA legislation in the hopper include California, Tennessee, Georgia, Virginia, Florida, New Jersey, Ohio and Maryland. Action is expected in Arizona and Texas on RFRA proposals, and a version is expected to be signed shortly in New York by Governor Pataki.

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