Stan Posted April 5, 2005 Share Posted April 5, 2005 Pacific Union Conference of Seventh-day Adventists Department of Public Affairs and Religious Liberty April 4, 2005 NEVADA RELIGIOUS FREEDOM RESTORATION ACT INTRODUCED – NV AB 246 OPPOSITION EXPECTED FROM AN UNEXPECTED SOURCE The drive to protect the free exercise of religion by means of state law continues in Nevada, this year, with the introduction of NV AB 246, the Nevada Religious Freedom Restoration Act. About twenty states have already enacted similar bills, or adopted the legal provisions by court decision. The bill text resembles similar laws adopted in many states, but the specific text was reviewed, revised and submitted by the Church State Council, with special thanks to Nicholas Miller, Esq., now director of the Andrews University International Institute for Religious Liberty. The bill is necessitated by a series of Supreme Court decisions greatly undermining constitutional protection for the Free Exercise of Religion. The support of all residents of Nevada is urgently needed, especially with opposition expected from some of the liberal churches, who simply don’t understand the issues. The Nevada legislature meets for only 120 days every other year, so it is difficult to get bills passed. The good news is that the bill’s sponsor is the chairman of the committee where the bill will be heard. Please direct your faxes, e.mails and phone calls in support to the sponsor: Assemblyman Bernie Anderson 775-684-8563 office 775-358-5825 fax []banderson@asm.state.nv.us[/] Your letter should identify the bill number, NV AB 246; your support for the bill; and one or more reasons why you care about religious liberty and the free exercise of religion. Those of you who do not live in Nevada can begin by praying for passage of the bill, and forward this to your friends in Nevada, or to others who can join in prayer, and contacting people in Nevada. Special thanks also go to Pastors Al Tilstra and Kevin James, without whom there would not be a bill. Al has served as a chaplain in the Nevada Legislature, and Kevin is our Public Affairs & Religious Liberty director for the Nevada/Utah Conference of Seventh-day Adventists. The two have worked tirelessly to interest legislators in the bill, and together, they recruited Bernie Anderson to sponsor the bill. ---------------------------------------------------------------------------------------------------- These religious liberty newsflashes and legislative e.lerts are published by the Pacific Union Conference of Seventh-day Adventists, Department of Public Affairs & Religious Liberty. For assistance with a religious liberty problem: Alan J. Reinach, Esq., []ajreinach@verizon.net;[/] 805-413-7396 Michael Peabody, Esq. []mpeabody@puconline.org;[/] 916-446-2552 More information about religious liberty issues can be found at www.churchstate.org. Join the North American Religious Liberty Association at www.religiousliberty.info. Contributions to support the work of NARLA can also be made at www.religiousliberty.info. Subscribe to Liberty: a Magazine of Religious Liberty, at www.libertymagazine.org Questions and Answers on NV AB 246 The Religious Freedom Restoration Act 1. Why do we need this bill? Don’t our Federal and state constitutions adequately protect religious freedom? The answer is no, and we don’t know, respectively. Since 1990, when the U.S. Supreme Court handed down Employment Division v. Smith, the famous peyote case, we no longer enjoy Federal constitutional protection against most government actions to restrict religious conduct. As a result, Congress passed the Religious Freedom Restoration Act which was signed into law by Bill Clinton in 1993. This was the result of a coalition across the religious and political spectrum, including many natural enemies, uniting to safeguard religious freedom. However, in 1997, the U.S. Supreme Court struck again, ruling in the case of Boerne v. Flores that RFRA was an unconstitutional infringement on the states. In this case, a Catholic church sought to expand its sanctuary to provide services to a growing congregation, only to be denied permits by the city because it was deemed an historic property. The Supreme Court ruled that the city did not have to justify its restriction on the church. Moreover, the Court said that what Congress could not do because it lacked authority – regulate the states – only the states could do. Nevada state court decisions simply haven’t adequately examined the free exercise of religion under the state constitution, so we don’t know whether the state courts will protect religious liberty more vigorously than under the Federal constitution. We know that our Federal constitutional protections have been decimated. We just don’t know what protection we have at the state level. 2. How would AB 246 protect religious freedom? The threat to religious freedom comes from a myriad of government rules and regulations that apply to everyone, every day. The problem is that they are also applied to restrict religious conduct. Before the Supreme Court reversed itself, there was a generation of case law holding that government must meet a high burden of proof to justify infringing on religious freedom. AB 246 would restore that high burden by permitting government to substantially burden religious conduct only when it can demonstrate a compelling interest for doing so, and also, that it had employed the least restrictive means of achieving that interest short of restricting the religious conduct. This standard is the same one used by the Supreme Court for nearly thirty years. 3. Can you give an example of how this test would work? Let’s take the case of the public schools, many of which prohibit students from wearing hats to school. Suppose an Orthodox Jew wears his yarmulke to school one day, which is an expression of his religious faith. Should he be punished for practicing his faith? Not unless the school has a really good reason why this student shouldn’t wear a religious “hat.” However reasonable the rule is, and no one is arguing that schools don’t have the right to establish such rules – the question is whether the rule should be applied to a religious student who wears a “hat” for religious reasons. AB 246 would require the school to meet a high burden of proof, not to prove that the rule itself is needed, but to prove that the rule must be applied to religious students. 4. Aren’t there exceptions to religious freedom? Two problem areas for religious freedom involve land use and the rights of prisoners. Both of these problems were addressed by the Religious Land Use and Institutionalized Persons Act of 2000, which Congress adopted five years ago. States can no longer claim that a Religious Freedom Restoration Act will negatively impact either land use or prisoners’ rights, because those areas have already become subject to the very same legal standard as contained in NV AB 246. 5. How will AB 246 impact our constitutional rights? It won’t. A statute cannot add to, or take away from our constitutional rights. This bill will impose a statutory requirement, not a constitutional one. However, it may influence the courts to more strictly interpret the Nevada Constitution to protect religious freedom more vigorously than under the Federal Free Exercise Clause. 6. What can I do to protect religious freedom? We’re glad you asked. Here are some suggestions: * Write or call your legislators, and urge them to support AB 246 * Photocopy this information, and distribute it in your churches, businesses, workplaces, and neighborhoods. * If you are a member of a religious organization, ask your leadership to support this bill. Quote If you receive benefit to being here please help out with expenses. https://www.paypal.me/clubadventist Administrator of a few websites like https://adventistdating.com Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.