[Congressional Record Volume 140, Number 51 (Tuesday, May 3, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE RELIGIOUS FREEDOM RESTORATION ACT
Mr. HATCH. Mr. President, I rise today to address an issue of great
concern to the citizens of Utah and every other State. This past year,
Congress passed the Religious Freedom Restoration Act. This is a
landmark bill designed to restore strong protections to citizens
exercising their religion against unreasonable Government interference.
Unfortunately, the Clinton administration, with breathtaking speed, has
interpreted the act in a manner that effectively guts it.
The Religious Freedom Restoration Act was described by many religious
leaders--accurately so--as one of the most significant pieces of
legislation in support of religious freedom to ever come out of
Congress. It was intended to restore to all Americans a fundamental
right guaranteed by the first amendment to our Constitution: the free
exercise of religion. The act had widespread support from a broad and
diverse coalition of religious and civil rights organizations, from the
ACLU to the Free Congress Foundation. I was the leading sponsor of this
act along with Senator Kennedy.
Recently, I became aware that the Department of Justice intervened in
what I believe is the first appellate case involving the interpretation
of the Religious Freedom Restoration Act. To my deep chagrin, I learned
that the Department had committed itself to a position in its amicus
curiae brief that is contrary to the plain meaning of the act, to the
detriment of religious freedom. Despite the act's widespread support
and its clearly defined and agreed upon objective, its purpose is being
undermined by this administration.
I might add that the core meaning of the bill was never a subject of
controversy in Congress.
The underlying case, Christians versus Crystal Evangelical Church,
involves a bankruptcy court decision which ordered a Protestant
Christian congregation to return money to a Government bankruptcy
trustee that was tithed by two members of the church who later filed a
bankruptcy petition. The tithes were offered over a period of years in
good faith, in the exercise of their religious beliefs and without any
fraudulent intent.
Under the bankruptcy code, any transfer of assets made within 1 year
of a bankruptcy may be recovered by the trustee to pay creditors. This
provision is intended to prevent debtors from fraudulently disposing of
or shielding their assets. The tithes that issued in this case were
made out of sincere religious belief within 1 year of filing a
bankruptcy petition.
No one challenges the importance of the Government's interest in
preventing fraud. Preventing fraud would probably satisfy a compelling
State interest, which would be all right under the Religious Freedom
Restoration Act. However, as in this case, the Government's interest is
simply in enlarging the pool of assets for creditors, not preventing
fraud. This interest does not satisfy the compelling Government
interest standard that must be met under the Religious Freedom
Restoration Act. In my view, the interest in collecting for creditors,
while very important, would almost never be compelling when weighed
against the interests embodied in the first amendment.
In its brief, the Department argues that the Government's interest in
protecting the financial interests of creditors conclusively
establishes a compelling interest that overrides any religious free
exercise right. If the Department's position prevails, it will have a
disastrous impact on the Religious Freedom Restoration Act, rendering
it virtually meaningless. The department's very broad definition of the
compelling State interest test, if adopted by the courts, will once
again eliminate any real protection of religious liberty under the
first amendment.
Mr. President, just 6 short months ago, President Clinton signed into
law the Religious Freedom Restoration Act in a glorious ceremony on the
south lawn of the White House before a large group of religious
leaders. In his remarks he noted correctly that the act requires that
the Government should be held to a very high level of proof before it
can interfere with anyone's free exercise of religion. In fact, the
Religious Freedom Restoration Act sets forth a specific standard that
requires the Government interest to be a compelling State interest, an
interest of the highest order.
It is difficult for me to imagine that providing an economic
advantage to a pool of creditors satisfies the compelling governmental
interests necessary to override our first amendment protection of
religious free exercise, but the Department argues this position. And
especially is the Department wrong since there was no fraud in this
case, or no attempt to defraud.
I intend to ask Attorney General Janet Reno to reconsider the
Department's position in this case. Perhaps this is the kind of limited
protection President Clinton envisioned when he committed himself to
the protection of one of the most precious of all-American liberties--
religious freedom--but I can say quite confidently that this is not the
type of protection Congress fought so hard and so long to restore. The
Department's position is a slap in the face to our religious community,
and it should not stand.
I personally believe that President Clinton must not know what they
are doing, or he would put a stop to it. So, in a sense, it is a slap
in his face, as well, since he was one of the strongest supporters of
what we were trying to do. I hope that he will get involved and direct
the Department to back off--especially since there is no fraud here--
and allow the Religious Freedom Restoration Act to have the widespread,
broad coverage that we intended here in Congress in the first place.
I urge my colleagues to join with me in defending the religious
liberties guaranteed by the first amendment and reestablished under the
Religious Freedom Restoration Act.
Mr. President, I suggest the absence of a quorum.
The PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. EXON. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDENT pro tempore. Without objection, it is so ordered.
Under the previous order, the Senator is permitted to speak for up to
5 minutes.
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