Respecting Religious and Political Speech. The executive branch will honor and enforce those protections. Federal law protects the freedom of Americans and their organizations to exercise religion and participate fully in civic life without undue interference by the Federal Government. For that reason, the United States Constitution enshrines and protects the fundamental right to religious liberty as Americans' first freedom. The Founders envisioned a Nation in which religious voices and views were integral to a vibrant public square, and in which religious people and institutions were free to practice their faith without fear of discrimination or retaliation by the Federal Government. It shall be the policy of the executive branch to vigorously enforce Federal law's robust protections for religious freedom. 21675, provided:īy the authority vested in me as President by the Constitution and the laws of the United States of America, in order to guide the executive branch in formulating and implementing policies with implications for the religious liberty of persons and organizations in America, and to further compliance with the Constitution and with applicable statutes and Presidential Directives, it is hereby ordered as follows: Promoting Free Speech and Religious LibertyĮx. 1488, provided that: "This Act may be cited as the 'Religious Freedom Restoration Act of 1993'."Įxecutive Documents Ex. Statutory Notes and Related Subsidiaries Short Title Constitutionalityįor information regarding the constitutionality of this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website,. For complete classification of this Act to the Code, see Short Title note below and Tables. 1488, which is classified principally to this chapter. (b), was in the original "this Act", meaning Pub. (2) to provide a claim or defense to persons whose religious exercise is substantially burdened by government. 205 (1972) and to guarantee its application in all cases where free exercise of religion is substantially burdened and (1) to restore the compelling interest test as set forth in Sherbert v. (5) the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests. 872 (1990) the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion and (3) governments should not substantially burden religious exercise without compelling justification (2) laws "neutral" toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise (1) the framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution Congressional findings and declaration of purposes (a) Findings
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