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BAUER GROUP BACKING RLPA, CLAIMS THAT CHURCHES TREATED "NO DIFFERENTLY THAN JUNK YARDS" BY ZONING BOARDS

Web Posted: July 7, 1999

The debate over the controversial Religious Liberty Protection Act (RLPA) continues to divide political and religious groups, with the powerful Family Research Council -- a Washington, D.C.-based religious right advocacy organization -- now coming out in support of the legislation. Founded by Gary Bauer, a former official with James Dobson's Focus on the Family, FRC has become one of the major inside-the-beltway policy players promoting prayer in schools, restrictions on abortion rights, a ban on gays and military and other culture war issues. Bauer is currently a candidate for the GOP Presidential nomination, and despite his relatively lack of name recognition in mainstream politics, he has raised closed to $4 million for his campaign.

   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.

monthly special    Since then, RLPA has emerged as a successor to the discredited Religious Freedom Restoration Act.

   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."


   The Religious Liberty Protection Act is expected to be on the agenda when lawmakers return from their July 4 holiday. The House of Representatives is expected to vote on the measure about July 13, and the Senate Judiciary Committee will likely hold further hearings on its version of RLPA.




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