ossible action is expected this week on the Religious Liberty Protection Act (RLPA), a controversial piece of federal legislation that would require government to use a "compelling interest/least restrictive means" test when dealing with faith-based groups and practices. Modeled on the older Religious Freedom Restoration Act, or RFRA, the RLPA enjoys broad support throughout America's religious community; there is a growing coalition of other organizations, though, including American Atheists, which have expressed concerns the measure could have on everything from civil rights and state-church separation to the application of zoning, environment and land-use regulations.

   The House Judiciary Committee plans a markup on its version of RLPA around midweek; and at the other end of the hill, the Senate Judiciary Committee may hold another "quickie hearing" which critics say will likely again be stacked to hear testimony mostly from groups and others supporting the proposed act. At earlier hearings, panels were usually heavily weighted with spokespersons who defended the need for the Religious Liberty Protection Act, leading critics of the measure to charge that congress was promoting a "stealth agenda" to smuggle the issue past public scrutiny.

American Atheists President Ellen Johnson reported that she will be in Washington, D.C. this week for any RLPA-related hearings, and intends to present the Senate Judiciary Committee with letters from Atheists and other separationists who are opposed to the act. "We've mailed out thousands of letters to our members and supporters in recent weeks, and we're asking them to let both the House and Senate hear from them on this important First Amendment issue." She added that a recent mailing, along with a new "Let The SJC Hear From You!" campaign on the internet, will hopefully generate a large quantity of letters which Johnson will personally present to the Senate Judiciary Committee."

   Dr. Marci Hamilton, a constitutional scholar and lead attorney in the historic U.S. Supreme Court case that struck down the old Religious Freedom Restoration Act, said that judiciary committees in both the House and Senate were "stacking the panels" with biased witnesses, and often gave little advance notice when holding hearings. "They want RLPA to be a 'done deal,'" Hamilton told AANEWS. "They don't even have to announce the fact that they are having public hearings until 48-hours before they actually take place." Hamilton noted that she is often asked to testify "as the token witness opposing the Religious Liberty Protection Act."

   Last week's meeting in the House Judiciary Committee saw a round of proposed amendments to weaken the RLPA fall short. Rep. Jerrold Nadler suggested that RLPA include language so that it could not be used to trump the nation's anti-discrimination laws. That attempt failed, which means that religious groups or individuals could cite religion as a basis for denying housing, employment or other services to gays or anyone else, all on religious-doctrinal grounds. Some organizations, such as the American Civil Liberties Union, have reexamined their support for the RLPA; the Union recently announced that it could not support the measure unless it was modified to not supersede anti-discrimination ordinances. In several states where RLPA/RFRA legislation has been introduced, ACLU has also opposed moves to exempt prison and jail inmates from coverage of the act.

   Those wishing to participate in the "LET THE SJC HEAR FROM YOU!" campaign and sign the Letter to the Senate Judiciary Committee can go to the Campaign page for further information. If letters are not submitted this week due to a cancellation in the Committee schedule, they will be presented by Ms. Johnson at another appropriate time.

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