HSLDA Media Release
June 25, 1997

Statement by Michael Farris Regarding Boerne v. Flores Which Declared RFRA Unconstitutional

For immediate release
June 25, 1997
Contact: Rich Jefferson
(540) 338-8663 or media@hslda.org

“Today’s decision of the Supreme Court is a direct attack on two of the most fundamental principles of this nation. For some reason I cannot fathom, the conservatives on the Court are the most vicious in their attacks on the free exercise of religion. Some of these justices are the most lenient (pro-religion) on Establishment Clause cases—cases which involve religion on government property.

     “But today’s decision involves the right of religious groups, specifically a church, to be free from intrusion by government.

     “The majority—primarily the conservative bloc on the Supreme Court—sided with government and against churches when churches seek the freedom to manage their own affairs unencumbered by meddlesome bureaucrats.

     “Today’s decision was not only antithetical to freedom, the Supreme Court took direct aim at self-government as well.

     “The Religious Freedom Restoration Act, which the Court declared unconstitutional, was passed by a nearly unanimous Congress after being backed by a coalition that spanned the entire political spectrum.

     “RFRA was passed because the Supreme Court gave the lowest level of protection to religious freedom in another case in 1990. Congress responded with RFRA saying, in effect, the Court has declared that the Constitution grants a minimal level of freedom, there is nothing which prohibits Congress from guaranteeing a higher level of freedom and protection.

     “The people’s elected representatives spoke with nearly one voice in saying that we wanted religious freedom protected at a higher level against government intrusion.

     “The Supreme Court has proven itself a dangerous institution to those who believe in freedom and self-government. We need to not only remedy this decision. We need a remedy for the Supreme Court itself.”

Michael Farris is a conservative constitutional lawyer. He was the co-chairman of the drafting committee for the Religious Freedom Restoration Act. He is the president of the Home School Legal Defense Association. For an interview with Michael Farris, please contact Rich Shipe at (540) 338-5600.