Free Exercise of Religion Act

[RingoShirl@aol.com]

Dear Visionaries:

During the 2000 legislative session, Idaho lawmakers passed the "Free 
Exercise of Religion Act."  Many of you are probably aware of the contents of 
this bill.  In summary, it specifies that Government may substantially burden 
a person's exercise of religion only if it demonstrates that application of 
the burden to the person is "essential to further a compelling government 
interest."

Interestingly, when this legislation was first introduced, it was deemed such 
an emergency that it should be in full force and effect immediately after 
passage.  

When the bill was introduced in the Senate, it drew little attention.  There 
were only four votes in opposition.  Later, folks became aware of the bill 
and its ramifications.  There was vigorous lobbying against it, notably by 
clergy from the mainstream churches.  It passed the House, with slightly more 
opposition but much more debate.  As a result of the concerns raised, the 
implementation was delayed until February 1, 2001.

This act is very similar to the federal Religious Freedom Restoration Act, 
which was struck down by the U.S. Supreme Court in 1997.  Although Idaho 
lawmakers who pushed our version claimed it to contain nothing negative, 
there were some very strange decisions rendered when the federal law was in 
force.  The notions of what constitutes "religion", and what amounts to a 
"compelling interest" of the government are not well defined.  Marty Durand, 
in a commentary recently published in the Daily News, raised a very important 
point.  "The Free Exercise of Religion Act places immense burdens on those 
harmed by religiously motivated behavior."

Senator Schroeder has introduced legislation to neutralize this dangerous 
piece of legislation, but the best action is to simply repeal it.  I would 
urge you to contact state lawmakers and  tell them to do so.

 Shirley Ringo