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FLASHLINEBAUER GROUP BACKING RLPA, CLAIMS THAT CHURCHES TREATED "NO DIFFERENTLY THAN JUNK YARDS" BY ZONING BOARDS
Web Posted: July 7, 1999
Now, FRC is adding its muscle to the effort to pass a Religious Liberty Protection Act. Based on the old Religious Freedom Restoration Act (RFRA), RLPA requires government to employ a "compelling interest/least restrictive means" test when dealing with faith-based groups and practices. On Friday, FRC Executive Vice President Chuck Donovan dispatched a letter to Congress declaring that religious liberty proposals, until recently, "received the highest level of judicial review." "Over the last decade, Supreme Court decisions have weakened the religious protection for religious exercise," added Donovan, citing the 1997 Supreme Court decision in BOERNE v. FLORES. That case arose when the Roman Catholic Church in Boerne, Texas attempted to demolish most of a decades-old structure in order to expand its facility. City officials, though, refused to issue a permit, and said that the church fell under the purview of local historic preservation ordinances. The Archdiocese of San Antonio filed suit, citing the protection of the Religious Freedom Restoration Act. In a 6-3 decision, the high court ruled in favor of the city; Justice John Paul Stevens wrote that RFRA violated the separation of church and state, and provided faith-based organizations with a legal instrument which "no atheist" could obtain.
Donovan's letter to congress cited numerous cases where the rights of religious groups had been supposedly violated. "Prison officials are prohibiting the use of sacramental wine in communion services," notes the letter, and "Churches are being treated no differently than junk yards by local zoning boards."
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