Updated: October 2006
Religious Freedom - State

Issue Description

Over the past decade, the U.S. Supreme Court has been gradually whittling away the protections of the First Amendment's Free Exercise Clause. Now states must make the decision to restore protection for religious freedom to the level that we once enjoyed.

Issue Background

Several years ago HSLDA and a broad coalition of organizations worked very hard to get the federal Religious Freedom Restoration Act enacted. In 1997 this statute was unfortunately ruled unconstitutional in the case of City of Boerne v. Flores. Since it was struck down, other attempts at the federal level to resolve the religious freedom crisis have been misguided or have failed. HSLDA, therefore, along with several other pro-religious freedom organizations and many state home school organizations, is urging all of the 50 states to pass their own Religious Freedom Act to counter the Boerne case's devastating impact on religious freedom.

Religious Freedom is Endangered But States are Fighting Back 10/16/2006
 The history of the Federal RFRA and advice on how to promote state-level RFRA legislation.


Other Resources

Model State Religious Freedom Restoration Act 8/29/2006
 

The U.S. Supreme Court Precedent Describing the Compelling Interest Test 9/23/2005