Letter From Dr. Marci Hamilton to the Senate Judiciary Committee
September 15, 1998
The Honorable Orrin G.Hatch, Chairman
Committee on Judiciary
United States Senate
224 Dirksen Senate Office Building
Washington, DC 20510RE: Religious Liberty Protection Act of 1998
Dear Senator Hatch:
During my testimony regarding the Religious Liberty protection Act of 1998 (RLPA), I stated that the bill is unconstitutional. Drawing on my experience with the Religious Freedom Restoration Act (RFRA), I also emphasized the importance of considering RLPA's unintended, negative consequences.
To illuminate RLPA's likely legacy, I have attached fourteen case scenarios illustrating the impact of the compelling interest/least restrictive means test mandated by RLPA and the wide variety of claims that can be litigated under the RLPA formulation.
I am also writing to share with you a letter from a wide range of groups with serious concerns about the bill. In a nutshell, the letter states that Congress "should not move this bill on a fast track" and should engage "in a closer examination of (RLPA's) multifaced and invasive impact." The signatories include the National League of Cities, the National Trust for Historic Preservation, the National Task Force for Children's Constitutional Rights, and the Home School Legal Defense Association, among others.
Please distribute this letter to all members of the Senate Committee on the Judiciary and include this in the public record. I would be pleased to discuss these issues with you at your convenience.
Sincerely,
(signed)
Marci A. Hamilton
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