Religious Freedom Restoration Act
Encyclopedia
The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488 (Nov. 16, 1993), codified at through (also known as RFRA), is a 1993 United States federal law aimed at preventing laws that substantially burden a person's free exercise of their religion
. The bill
was introduced by Howard McKeon
of California
and Dean Gallo
of New Jersey
on March 11, 1993. The bill is sometimes unofficially referred to as one of the American Indian Religious Freedom Act
Amendments. It was held unconstitutional as applied to the states in the City of Boerne v. Flores
decision in 1997, which ruled that the RFRA is not a proper exercise of Congress's enforcement power.
, and Wisconsin v. Yoder
, mandating that strict scrutiny
be used when determining if the Free Exercise Clause
of the First Amendment to the United States Constitution
, guaranteeing religious freedom, has been violated. In the Religious Freedom Restoration Act, Congress states in its findings that a religiously neutral law can burden a religion just as much as one that was intended to interfere with religion; therefore the Act states that the “Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.” The law provided an exception if two conditions are both met. First, if the burden is necessary for the “furtherance of a compelling government interest.” Under strict scrutiny, a government interest is compelling when it is more than routine and does more than simply improve government efficiency. A compelling interest relates directly with core constitutional issues. The second condition is that the rule must be the least restrictive way in which to further the government interest. The law, in conjunction with President Bill Clinton
's Executive Order in 1996, provided more security for sacred sites for Native American religious rites.
The Religious Freedom Restoration Act applies to all religions, but is most pertinent to Native American religions that are burdened by increasing expansion of government projects onto sacred land. In Native American religion
the land they worship on is very important. Oftentimes the particular ceremonies can only take place in certain locations because these locations have special significance. This, along with peyote
use are the main parts of Native American religions that are often left unprotected.
The Free Exercise Clause of the First Amendment states that Congress shall not pass laws prohibiting the free exercise of religion. In the 1960s, the Supreme Court interpreted this as banning laws that burdened a person's exercise of religion (e.g. Sherbert v. Verner
, 374 U.S. 398 (1963); Wisconsin v. Yoder
, 406 U.S. 205 (1972)). But in the 1980s the Court began to allow legislation that incidentally prohibited religiously mandatory activities as long as the ban was "generally applicable" to all citizens. Also, the American Indian Religious Freedom Act
, intended to protect the freedoms of tribal religions, was lacking enforcement. This led to the key cases leading up to the RFRA, which were Lyng v. Northwest Indian Cemetery Protective Association (1988) and Employment Division v. Smith
, 494 U.S. 872 (1990). In Lyng, the Court was unfavorable to sacred land rights. Members of the Yurok, Tolowa
and Karok tribes tried to use the First Amendment to prevent a road from being built by the U.S. Forest Service through sacred land. The land that the road would go through consisted of gathering sites for natural resources used in ceremonies and praying sites. The Supreme Court ruled that this was not an adequate legal burden because the government was not coercing or punishing them for their religious beliefs. In Smith
the Court upheld the state of Oregon
's refusal to give unemployment benefits to two Native Americans
fired from their jobs at a rehab clinic after testing positive for mescaline
, the main psychoactive compound in the peyote
cactus, which they used in a religious ceremony. Peyote
use has been a common practice in Native American tribes for centuries. It was integrated with Christianity
into what is now known as the Native American Church
.
The Smith decision outraged the public. Many groups came together. Both liberal (like the American Civil Liberties Union
) and conservative groups (like the Traditional Values Coalition
) as well as other groups such as the Christian Legal Society
, the American Jewish Congress
, and the National Association of Evangelicals
joined forces to support RFRA, which would reinstate the Sherbert Test, overturning laws if they burden a religion. The act, which was Congress's reaction to the Lyng and Smith cases, passed the House
unanimously and the Senate
97 to 3 and was signed into law by U.S. President
Bill Clinton
.
In 1997, part of this act was overturned by the United States Supreme Court in City of Boerne v. Flores
, because it overstepped Congress's power to enforce
the Fourteenth Amendment
.
The Roman Catholic Archdiocese of San Antonio
wanted to enlarge a church in Boerne, Texas
. But a Boerne ordinance protected the building as a historic landmark and did not permit it to be torn down. The church sued, citing RFRA, and in the resulting case, City of Boerne v. Flores
, , the Supreme Court struck down the RFRA, stating that Congress had stepped beyond their power of enforcement provided in the Fourteenth Amendment
. In response to the Boerne ruling, Congress passed the Religious Land Use and Institutionalized Persons Act
(RLUIPA) in 2000, which grants special privileges to religious land owners.
Thus the RFRA was ruled unconstitutional for state and local applicability; however, it still applies to the federal government. The Act was amended in 2003 to only include the federal government and its entities, such as Puerto Rico and the District of Columbia. A number of states have passed so-called mini-RFRAs, applying the rule to the laws of their own state, but the Smith case remains the authority in these matters in many states.
The constitutionality of RFRA as applied to the federal government was confirmed on February 21, 2006, as the Supreme Court ruled unanimously against the government in Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal
, , which involved the use of an otherwise illegal substance in a religious ceremony, decisively stating that the federal government must show a compelling state interest in restricting religious freedom.
Other weaknesses still exist in the fact that, despite congressional resolution, unofficial religious antagonism still exists today through adverse legislation and judicial and executive decisions. Also, even with the Religious Freedom Restoration Act, many members of the Native American Church
still had issues using peyote
in their ceremonies because of the Smith case. This led to the Religious Freedom Act Amendments in 1994
, which states, "the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremony purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any state. No Indian shall be penalized or discriminated against on the basis of such use, possession or transportation."
As of 1996, the year before the RFRA was found unconstitutional as applied to states, 337 cases had cited RFRA in its three year time range. It was also found that Jewish, Muslim, and Native American religions, which make up only three percent of church membership in the U.S., make up 18 percent of the cases involving the free exercise of religion.
The Religious Freedom Restoration Act was a cornerstone for tribes challenging the National Forest Service’s plans to permit upgrades to Snow Bowl Ski Resort. Six tribes were involved, including the Navajo
, Hopi
, Havasupai, and Hualapai
. The tribes objected on religious grounds to the plans to use reclaimed water. They felt that this risked infecting the tribal members with “ghost sickness”
as the water would be from mortuaries and hospitals. They also felt that the reclaimed water would contaminate the plant life used in ceremonies. In August 2008, the Ninth Circuit Court of Appeals rejected their RFRA claim.
In the case of Adams v. Commissioner, the United States Tax Court rejected the argument of Priscilla M. Lippincott Adams, who was a devout Quaker. She tried to argue that under the Religious Freedom Restoration Act of 1993, she was exempt from federal income taxes. The U.S. Tax Court rejected her argument and ruled that she was not exempt. The Court stated: "...while petitioner's religious beliefs are substantially burdened by payment of taxes that fund military expenditures, the Supreme Court has established that uniform, mandatory participation in the Federal income tax system, irrespective of religious belief, is a compelling governmental interest." In the case of Miller v. Commissioner, the taxpayers objected to the use of social security numbers, arguing that such numbers related to the "mark of the beast" from the Bible. In its decision, the U.S. Court discussed the applicability of the Religious Freedom Restoration Act of 1993, but ruled against the taxpayers.
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
. The bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
was introduced by Howard McKeon
Howard McKeon
Howard Philip "Buck" McKeon is the U.S. Representative for , serving since 1993. He is a member of the Republican Party.-Early life, education and career:...
of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
and Dean Gallo
Dean Gallo
Dean Anderson Gallo was an American Republican party politician, who was a member of the United States House of Representatives, representing for nearly ten years....
of New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
on March 11, 1993. The bill is sometimes unofficially referred to as one of the American Indian Religious Freedom Act
American Indian Religious Freedom Act
The American Indian Religious Freedom Act, Public Law No. 95-341, 92 Stat. 469 , codified at , is a United States federal law and a joint resolution of Congress that was passed in 1978. It was enacted to protect and preserve the traditional religious rights and cultural practices of American...
Amendments. It was held unconstitutional as applied to the states in the City of Boerne v. Flores
City of Boerne v. Flores
City of Boerne v. Flores, 521 U.S. 507 , was a Supreme Court case concerning the scope of Congress's enforcement power under the fifth section of the Fourteenth Amendment...
decision in 1997, which ruled that the RFRA is not a proper exercise of Congress's enforcement power.
Provisions
This law reinstated the Sherbert Test, which was set forth by Sherbert v. VernerSherbert v. Verner
Sherbert v. Verner, 374 U.S. 398 , was a case in which the Supreme Court of the United States held that the Free Exercise Clause of the First Amendment required that government demonstrate a compelling government interest before denying unemployment compensation to someone who was fired because her...
, and Wisconsin v. Yoder
Wisconsin v. Yoder
Wisconsin v. Yoder, 406 U.S. 205 , is the case in which the United States Supreme Court found that Amish children could not be placed under compulsory education past 8th grade, as it violated their parents' fundamental right to freedom of religion....
, mandating that strict scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
be used when determining if the Free Exercise Clause
Free Exercise Clause of the First Amendment
The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:...
of the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, guaranteeing religious freedom, has been violated. In the Religious Freedom Restoration Act, Congress states in its findings that a religiously neutral law can burden a religion just as much as one that was intended to interfere with religion; therefore the Act states that the “Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.” The law provided an exception if two conditions are both met. First, if the burden is necessary for the “furtherance of a compelling government interest.” Under strict scrutiny, a government interest is compelling when it is more than routine and does more than simply improve government efficiency. A compelling interest relates directly with core constitutional issues. The second condition is that the rule must be the least restrictive way in which to further the government interest. The law, in conjunction with President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
's Executive Order in 1996, provided more security for sacred sites for Native American religious rites.
Background and passage
Native American religion
Traditional Native American religions exhibit a great deal of diversity, largely due to the relative isolation of the different tribes that were spread out across the entire breadth of the North American continent for thousands of years, allowing for the evolution of different beliefs and practices...
the land they worship on is very important. Oftentimes the particular ceremonies can only take place in certain locations because these locations have special significance. This, along with peyote
Peyote
Lophophora williamsii , better known by its common name Peyote , is a small, spineless cactus with psychoactive alkaloids, particularly mescaline.It is native to southwestern Texas and Mexico...
use are the main parts of Native American religions that are often left unprotected.
The Free Exercise Clause of the First Amendment states that Congress shall not pass laws prohibiting the free exercise of religion. In the 1960s, the Supreme Court interpreted this as banning laws that burdened a person's exercise of religion (e.g. Sherbert v. Verner
Sherbert v. Verner
Sherbert v. Verner, 374 U.S. 398 , was a case in which the Supreme Court of the United States held that the Free Exercise Clause of the First Amendment required that government demonstrate a compelling government interest before denying unemployment compensation to someone who was fired because her...
, 374 U.S. 398 (1963); Wisconsin v. Yoder
Wisconsin v. Yoder
Wisconsin v. Yoder, 406 U.S. 205 , is the case in which the United States Supreme Court found that Amish children could not be placed under compulsory education past 8th grade, as it violated their parents' fundamental right to freedom of religion....
, 406 U.S. 205 (1972)). But in the 1980s the Court began to allow legislation that incidentally prohibited religiously mandatory activities as long as the ban was "generally applicable" to all citizens. Also, the American Indian Religious Freedom Act
American Indian Religious Freedom Act
The American Indian Religious Freedom Act, Public Law No. 95-341, 92 Stat. 469 , codified at , is a United States federal law and a joint resolution of Congress that was passed in 1978. It was enacted to protect and preserve the traditional religious rights and cultural practices of American...
, intended to protect the freedoms of tribal religions, was lacking enforcement. This led to the key cases leading up to the RFRA, which were Lyng v. Northwest Indian Cemetery Protective Association (1988) and Employment Division v. Smith
Employment Division v. Smith
Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 , is a United States Supreme Court case that determined that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was...
, 494 U.S. 872 (1990). In Lyng, the Court was unfavorable to sacred land rights. Members of the Yurok, Tolowa
Tolowa
The Tolowa are a Native American tribe. They still reside in their traditional territories in northwestern California and southern Oregon. Tolowa are members of the federally recognized Smith River Rancheria, Elk Valley Rancheria, Confederated Tribes of Siletz, as well as the unrecognized Tolowa...
and Karok tribes tried to use the First Amendment to prevent a road from being built by the U.S. Forest Service through sacred land. The land that the road would go through consisted of gathering sites for natural resources used in ceremonies and praying sites. The Supreme Court ruled that this was not an adequate legal burden because the government was not coercing or punishing them for their religious beliefs. In Smith
Employment Division v. Smith
Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 , is a United States Supreme Court case that determined that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was...
the Court upheld the state of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
's refusal to give unemployment benefits to two Native Americans
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
fired from their jobs at a rehab clinic after testing positive for mescaline
Mescaline
Mescaline or 3,4,5-trimethoxyphenethylamine is a naturally occurring psychedelic alkaloid of the phenethylamine class used mainly as an entheogen....
, the main psychoactive compound in the peyote
Peyote
Lophophora williamsii , better known by its common name Peyote , is a small, spineless cactus with psychoactive alkaloids, particularly mescaline.It is native to southwestern Texas and Mexico...
cactus, which they used in a religious ceremony. Peyote
Peyote
Lophophora williamsii , better known by its common name Peyote , is a small, spineless cactus with psychoactive alkaloids, particularly mescaline.It is native to southwestern Texas and Mexico...
use has been a common practice in Native American tribes for centuries. It was integrated with Christianity
Christianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...
into what is now known as the Native American Church
Native American Church
Native American Church, a religious denomination which practices Peyotism or the Peyote religion, originated in the U.S. state of Oklahoma, and is the most widespread indigenous religion among Native Americans in the United States...
.
The Smith decision outraged the public. Many groups came together. Both liberal (like the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
) and conservative groups (like the Traditional Values Coalition
Traditional Values Coalition
The Traditional Values Coalition is a conservative Christian organization that represents, by its estimate, over 43,000 Christian churches throughout the United States of America...
) as well as other groups such as the Christian Legal Society
Christian Legal Society
The Christian Legal Society is a non-profit, non-denominational organization of Christian lawyers, judges, law professors, and law students whose members profess to follow the "commandment of Jesus" to "do justice with the love of God."...
, the American Jewish Congress
American Jewish Congress
The American Jewish Congress describes itself as an association of Jewish Americans organized to defend Jewish interests at home and abroad through public policy advocacy, using diplomacy, legislation, and the courts....
, and the National Association of Evangelicals
National Association of Evangelicals
The National Association of Evangelicals is a fellowship of member denominations, churches, organizations, and individuals. Its goal is to honor God by connecting and representing evangelicals in the United States. Today it works in four main areas: Church & Faith Partners, Government Relations,...
joined forces to support RFRA, which would reinstate the Sherbert Test, overturning laws if they burden a religion. The act, which was Congress's reaction to the Lyng and Smith cases, passed the House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
unanimously and the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
97 to 3 and was signed into law by U.S. President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
.
Challenges and weaknesses
City of Boerne v. Flores
City of Boerne v. Flores, 521 U.S. 507 , was a Supreme Court case concerning the scope of Congress's enforcement power under the fifth section of the Fourteenth Amendment...
, because it overstepped Congress's power to enforce
Congressional power of enforcement
A Congressional power of enforcement is included in a number of amendments to the United States Constitution. The language "The Congress shall have power to enforce this article by appropriate legislation" is used, with slight variations, in Amendments XIII, XIV, XV, XVIII, XIX, XXIII, XXIV, and XXVI...
the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
.
The Roman Catholic Archdiocese of San Antonio
Roman Catholic Archdiocese of San Antonio
The Roman Catholic Archdiocese of San Antonio encompasses in Texas.The archdiocese includes the city of San Antonio and the following counties: Val Verde, Edwards, Kerr, Gillespie, Kendall, Comal, Guadalupe, Gonzales, Uvalde, Kinney, Medina, Bexar, Wilson, Karnes, Frio, Atascosa, and McMullen.On...
wanted to enlarge a church in Boerne, Texas
Boerne, Texas
Boerne is a city in the Hill Country of Texas in the United States. It is the county seat of Kendall County. Boerne was named in honor of Ludwig Börne, a Jewish German author and publicist, and its population was 10, 471 in the 2010 census. The city is noted for the landmark U.S. Supreme Court...
. But a Boerne ordinance protected the building as a historic landmark and did not permit it to be torn down. The church sued, citing RFRA, and in the resulting case, City of Boerne v. Flores
City of Boerne v. Flores
City of Boerne v. Flores, 521 U.S. 507 , was a Supreme Court case concerning the scope of Congress's enforcement power under the fifth section of the Fourteenth Amendment...
, , the Supreme Court struck down the RFRA, stating that Congress had stepped beyond their power of enforcement provided in the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. In response to the Boerne ruling, Congress passed the Religious Land Use and Institutionalized Persons Act
Religious Land Use and Institutionalized Persons Act
The Religious Land Use and Institutionalized Persons Act , , codified as et seq., is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please, as well as giving churches and other religious institutions a way to avoid burdensome...
(RLUIPA) in 2000, which grants special privileges to religious land owners.
Thus the RFRA was ruled unconstitutional for state and local applicability; however, it still applies to the federal government. The Act was amended in 2003 to only include the federal government and its entities, such as Puerto Rico and the District of Columbia. A number of states have passed so-called mini-RFRAs, applying the rule to the laws of their own state, but the Smith case remains the authority in these matters in many states.
The constitutionality of RFRA as applied to the federal government was confirmed on February 21, 2006, as the Supreme Court ruled unanimously against the government in Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal
Gonzales v. O Centro Espírita Beneficente União do Vegetal
Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 546 U.S. 418 , is a case decided by the United States Supreme Court involving the Federal Government's seizure of a sacramental tea, containing a Schedule I substance, from a New Mexican branch of the Brazilian church União do Vegetal...
, , which involved the use of an otherwise illegal substance in a religious ceremony, decisively stating that the federal government must show a compelling state interest in restricting religious freedom.
Other weaknesses still exist in the fact that, despite congressional resolution, unofficial religious antagonism still exists today through adverse legislation and judicial and executive decisions. Also, even with the Religious Freedom Restoration Act, many members of the Native American Church
Native American Church
Native American Church, a religious denomination which practices Peyotism or the Peyote religion, originated in the U.S. state of Oklahoma, and is the most widespread indigenous religion among Native Americans in the United States...
still had issues using peyote
Peyote
Lophophora williamsii , better known by its common name Peyote , is a small, spineless cactus with psychoactive alkaloids, particularly mescaline.It is native to southwestern Texas and Mexico...
in their ceremonies because of the Smith case. This led to the Religious Freedom Act Amendments in 1994
American Indian Religious Freedom Act
The American Indian Religious Freedom Act, Public Law No. 95-341, 92 Stat. 469 , codified at , is a United States federal law and a joint resolution of Congress that was passed in 1978. It was enacted to protect and preserve the traditional religious rights and cultural practices of American...
, which states, "the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremony purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any state. No Indian shall be penalized or discriminated against on the basis of such use, possession or transportation."
Applications and effects
The Religious Freedom Restoration Act holds the federal government responsible for accepting additional obligations to protect religious exercise. In O'Bryan v. Bureau of Prisons it was found that the RFRA governs the actions of federal officers and agencies and that the RFRA can be applied to "internal operations of the federal government."As of 1996, the year before the RFRA was found unconstitutional as applied to states, 337 cases had cited RFRA in its three year time range. It was also found that Jewish, Muslim, and Native American religions, which make up only three percent of church membership in the U.S., make up 18 percent of the cases involving the free exercise of religion.
The Religious Freedom Restoration Act was a cornerstone for tribes challenging the National Forest Service’s plans to permit upgrades to Snow Bowl Ski Resort. Six tribes were involved, including the Navajo
Navajo Nation
The Navajo Nation is a semi-autonomous Native American-governed territory covering , occupying all of northeastern Arizona, the southeastern portion of Utah, and northwestern New Mexico...
, Hopi
Hopi
The Hopi are a federally recognized tribe of indigenous Native American people, who primarily live on the Hopi Reservation in northeastern Arizona. The Hopi area according to the 2000 census has a population of 6,946 people. Their Hopi language is one of the 30 of the Uto-Aztecan language...
, Havasupai, and Hualapai
Hualapai
The Hualapai or Walapai are a tribe of Native Americans who live in the mountains of northwestern Arizona, United States. The name is derived from "hwa:l," the Hualapai word for ponderosa pine, "Hualapai" meaning "people of the ponderosa pine"...
. The tribes objected on religious grounds to the plans to use reclaimed water. They felt that this risked infecting the tribal members with “ghost sickness”
Ghost sickness
Ghost sickness is a culture-bound syndrome which some Native American tribes believe to be caused by association with the dead or dying. It is considered to be a psychotic disorder of Navajo origin. Its symptoms include general weakness, loss of appetite, a feeling of suffocation, recurring...
as the water would be from mortuaries and hospitals. They also felt that the reclaimed water would contaminate the plant life used in ceremonies. In August 2008, the Ninth Circuit Court of Appeals rejected their RFRA claim.
In the case of Adams v. Commissioner, the United States Tax Court rejected the argument of Priscilla M. Lippincott Adams, who was a devout Quaker. She tried to argue that under the Religious Freedom Restoration Act of 1993, she was exempt from federal income taxes. The U.S. Tax Court rejected her argument and ruled that she was not exempt. The Court stated: "...while petitioner's religious beliefs are substantially burdened by payment of taxes that fund military expenditures, the Supreme Court has established that uniform, mandatory participation in the Federal income tax system, irrespective of religious belief, is a compelling governmental interest." In the case of Miller v. Commissioner, the taxpayers objected to the use of social security numbers, arguing that such numbers related to the "mark of the beast" from the Bible. In its decision, the U.S. Court discussed the applicability of the Religious Freedom Restoration Act of 1993, but ruled against the taxpayers.
External links
- Text of the statute
- Unconstitutional Restoration - A Princeton Law Journal article on the history, interpretation, and status of the Act.