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REWIND: The Federal Religious Freedom Restoration Act Passed the House Unanimously and the Senate 97-3

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Remember When Democrats Used To Support Religious Freedom? Remarks on Signing the Religious Freedom Restoration Act of 1993

By , November 16, 1993:

Thank you very much, Mr. Vice President, for those fine remarks and to the Members of Congress, the chaplains of the House and the Senate, and to all of you who worked so hard to help this day become a reality. Let me especially thank the Coalition for the Free Exercise of Religion for the central role they played in drafting this legislation and working so hard for its passage.

“What this law basically says is that the Government should be held to a very high level of proof before it interferes with someone’s free exercise of religion.”

It is interesting to note, as the Vice President said, what a broad coalition of Americans came together to make this bill a reality; interesting to note that that coalition produced a 97-to3 vote in the United States Senate and a bill that had such broad support it was adopted on a voice vote in the House. I’m told that, as many of the people in the coalition worked together across ideological and religious lines, some new friendships were formed and some new trust was established, which shows, I suppose, that the power of God is such that even in the legislative process miracles can happen. [Laughter]

We all have a shared desire here to protect perhaps the most precious of all American liberties, religious freedom. Usually the signing of legislation by a President is a ministerial act, often a quiet ending to a turbulent legislative process. Today this event assumes a more majestic quality because of our ability together to affirm the historic role that people of faith have played in the history of this country and the constitutional protections those who profess and express their faith have always demanded and cherished.

“I submit to you today, my fellow Americans, that we can stand that kind of debate in this country. We are living in a country where the most central institution of our society, the family, has been under assault for 30 years.”

The power to reverse legislation by legislation, a decision of the United States Supreme Court, is a power that is rightly hesitantly and infrequently exercised by the United States Congress. But this is an issue in which that extraordinary measure was clearly called for.

As the Vice President said, this act reverses the Supreme Court’s decision Employment Division against Smith and reestablishes a standard that better protects all Americans of all faiths in the exercise of their religion in a way that I am convinced is far more consistent with the intent of the Founders of this Nation than the Supreme Court decision.

“More than 50 cases have been decided against individuals making religious claims against Government action since that decision was handed down. This act will help to reverse that trend by honoring the principle that our laws and institutions should not impede or hinder but rather should protect and preserve fundamental religious liberties.”

The free exercise of religion has been called the first freedom, that which originally sparked the development of the full range of the Bill of Rights. Our Founders cared a lot about religion. And one of the reasons they worked so hard to get the first amendment into the Bill of Rights at the head of the class is that they well understood what could happen to this country, how both religion and Government could be perverted if there were not some space created and some protection provided. They knew that religion helps to give our people the character without which a democracy cannot survive. They knew that there needed to be a space of freedom between Government and people of faith that otherwise Government might usurp.

“We are a people of faith. We have been so secure in that faith that we have enshrined in our Constitution protection for people who profess no faith. And good for us for doing so. That is what the first amendment is all about.”

They have seen now, all of us, that religion and religious institutions have brought forth faith and discipline, community and responsibility over two centuries for ourselves and enabled us to live together in ways that I believe would not have been possible. We are, after all, the oldest democracy now in history and probably the most truly multiethnic society on the face of the Earth. And I am convinced that neither one of those things would be true today had it not been for the importance of the first amendment and the fact that we have kept faith with it for 200 years. Read the rest of this entry »