version of the Religious Freedom Restoration Act (RFRA) could be up for a vote in the New York State Senate as early as this coming week. S242, is an untitled measure labeled simply "Free Exercise of Religion." It was prefiled in January, 1999 and introduced by Sen. Carl Kruger (D-21st District), and would hold government to a "compelling interest/least restrictive means" test when dealing with religious groups or practices.

   The legislation is similar to other measure proposed in over a dozen states, and is based on the old Religious Freedom Restoration Act. RFRA was enacted by the federal congress in 1994, but in 1997 the U.S. Supreme Court ruled that the legislation was an unconstitutional extension of congressional power. Justice John Paul Stevens wrote that the RFRA provided sectarian groups with a legal instrument which "no atheist" could hope to obtain. Despite the court's ruling, though, technicalities left the door open for various state-level "mini-RFRAs" and versions have been approved in legislatures in Florida, California and elsewhere.

   At the federal level, the RFRA has been resurrected as the Religious Liberty Protection Act. That bill has cleared the House of Representatives and is now under consideration in the U.S. Senate.

   Sources tell AANEWS that the N.Y. legislation is on a fast-track following a recent "backroom" meeting where some Senate members agreed at the behest of orthodox Jewish groups, to act on the bill as early as next week. It has already cleared in the state House.

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