====================================================================== From the HSLDA E-lert Service... ======================================================================
February 8, 2007
Utah: Calls Needed on Religious Freedom Bill to Protect Homeschoolers
Dear HSLDA Members and Friends,
Good news! The Religious Freedom Restoration Act, Senate Bill 111, has recently been introduced by Senator D. Chris Buttars.
Homeschoolers now have an opportunity to win a solid legislative victory for religious freedom. In order to achieve this victory, the Home School Legal Defense Association urges you to immediately contact your senator to support the Utah Religious Freedom Restoration Act, Senate Bill 111.
This Religious Freedom Restoration Act (RFRA) in your state will be a back-up support for you to maintain your homeschool freedom. We are using these RFRAs to help homeschoolers to successfully avoid onerous requirements under the homeschool laws in Pennsylvania and Florida.
As of October 2006, by God's grace, more than a quarter of the states have acted to protect the religious freedom of the citizens in their states. Rhode Island, Connecticut, Florida, Illinois, Arizona, South Carolina, Texas, Idaho, New Mexico, Missouri, Pennsylvania, Washington, and Oklahoma have passed their own state Religious Freedom Restoration Acts. Alabama made religious freedom even more secure by specifically amending its state constitution to recognize religious freedom as a fundamental right protected by the compelling interest test.
HSLDA's legal staff has worked with religious freedom coalitions in the states (and the national religious freedom coalition), helped draft legislation, lobbied individual state legislators, attorney generals, and governor offices, sent out numerous email alerts, and provided testimony at some legislative hearings in order to advance these Religious Freedom Restoration Acts. The phone calls of thousands of homeschoolers particularly contributed to the passage of the RFRAs in Illinois, Arizona, Texas, South Carolina, Idaho, New Mexico and Oklahoma. Illinois was successful after two HSLDA email alerts and tremendous outpouring of calls by homeschoolers persuaded legislators to override the governor's veto.
Religious freedom is one of the fundamental foundation blocks for the right to homeschool. Let us help pass the Religious Freedom Restoration Act in Utah this year!
REQUESTED ACTION
1) Please call your own senator and give him or her this message:
"Protect religious freedom in Utah! Please vote to support the Religious Freedom Restoration Act, SB 111!"
You do not need to identify yourself as a homeschooler for these calls because this bill will help protect everyone's religious freedom. To learn the name and contact information of your senator or representative, use HSLDA's Legislative Toolbox at: http://www.hslda.org/toolbox. (If you do not have Internet access, call your county clerk's office and ask for your state representative's name).
BACKGROUND
On June 25, 1997, by a 6-3 majority, the U.S. Supreme Court ruled in The City of Boerne v. Flores that the 1993 federal Religious Freedom Restoration Act (RFRA) was unconstitutional. By doing this, the Court gave the lowest level of protection to religious liberty, one of the foundational freedoms of homeschooling. Under this minimal standard, Utah can override a homeschooler or other citizen's right to freely exercise his religious beliefs merely by proving that its regulation is "reasonable." Since nearly all state regulations can be determined to be "reasonable," Christians will lose.
Since the devastating Boerne decision, state and federal courts across the country have diminished religious freedom in many ways. For example:
> The long-standing practice of pastor congregation confidentiality has been repeatedly violated;
> A church sponsored hospital was denied accreditation for refusing to teach abortion techniques;
> There have been conflicts with zoning ordinances, such as the forced termination of a church ministry to the homeless because it was located on the second floor of a building with no elevator; and
> A church ministry was prohibited from feeding more than 50 people per day.
Passage of this act will raise the standard of protection for religious freedom in Utah for individuals, homeschool parents, churches, and all who desire to freely exercise their religious beliefs.
If passed, the Utah RFRA will restore the high standard of protection for religious liberty previously guaranteed in the federal RFRA and earlier Supreme Court decisions. Under the Utah RFRA, if an individual's religious belief is in conflict with a state regulation, the state will have to prove, with evidence, that its regulation is essential to fulfilling the state's compelling interest and is the least restrictive way of doing so. If the state fails to carry the burden, the regulation must give way to the individual's religious freedom. Restoring this protection for religious freedom will simply "even the playing field."
Don't let one decision by the U.S. Supreme Court denigrate this priceless inalienable right. Urge your senator now to restore protection for religious liberty in Utah by supporting SB 111!
Sincerely,
Chris Klicka HSLDA Senior Counsel
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