Religious Freedom Action Guide

1. Constitutional Perspective:

Religious freedom is one of the most cherished rights protected by the U.S. Constitution. The First Amendment provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” This broad protection allows individuals and communities to practice their faith freely, both privately and publicly, without fear of government interference.

However, it’s important to understand that religious freedom is not just about what happens inside church walls. The First Amendment extends beyond worship services or personal beliefs. It safeguards the ability to live out one's faith in everyday life—whether in the workplace, in public spaces, or in our communities. Religious liberty covers not only belief but also action. As the Supreme Court has noted, the "free exercise" of religion refers to both internal convictions and external conduct.

The scope of this protection is critical for anyone committed to sharing their faith and engaging in mission work. The First Amendment protects public evangelism, outreach efforts, and mission activities, allowing believers to take their faith beyond the sanctuary and into the streets, schools, and civic spaces. Religious freedom, therefore, isn’t limited to private expressions but extends to how one lives out faith in every aspect of life.

Moreover, religious liberty is directly linked to the freedom of conscience. In a pluralistic society, the government must respect the individual’s right to determine what is right and wrong based on their faith, without imposing its own moral or ethical framework. This principle is critical to ensuring that the government does not overreach its authority by dictating or suppressing personal religious convictions and actions.

The First Amendment not only protects the individual’s right to believe but also serves as a check on government power. The role of the government is not to grant rights, but to protect the God-given rights that already exist. As such, religious freedom is part of a broader understanding of liberty and the responsibilities of the state to its citizens. It is this relationship that enables religious communities to flourish, advocate for justice, and engage with society without fear of punishment or repression.

In summary, religious freedom is more than just the right to hold religious beliefs. It’s the right to live out those beliefs in tangible ways in both private and public spheres, to speak about faith openly, and to do so without interference from government authorities. This freedom is essential for maintaining a just and equitable society where diverse beliefs can coexist and where the truth can freely be proclaimed.

2. RFRA Explanation:

The Religious Freedom Restoration Act (RFRA), passed in 1993, plays a crucial role in safeguarding religious liberty by ensuring that government actions do not unduly interfere with the free exercise of religion. RFRA was designed to restore the protections of religious freedom that had been weakened by a 1990 Supreme Court ruling and places strong limitations on the government’s ability to burden religious practices.

Here are the key elements of RFRA and how it works:

Government Must Meet Two Key Criteria:

• Compelling Interest: The government must prove that any action infringing on religious practices is in pursuit of a critically important goal, such as public safety.
• Least Restrictive Means: Even if the government has a compelling interest, it must use the least restrictive way of achieving that goal, minimizing the impact on religious exercise.

Broad Scope of Protection: 

RFRA applies to both individuals and organizations, including businesses owned by people of faith. This was confirmed in the Burwell v. Hobby Lobby case, where the Supreme Court ruled that closely held for-profit businesses could claim religious exemptions from government mandates that violate their owners' deeply held beliefs.

Strict Scrutiny Standard:

RFRA requires that any government action affecting religious practices be subject to strict scrutiny, the highest standard of judicial review. This ensures that religious practices cannot be restricted without an extremely compelling reason and that no less restrictive alternative is available.

This strict scrutiny requirement has made RFRA a powerful defense for believers who seek to live out their faith in ways that might otherwise conflict with government regulations.

State-Level Importance:

While RFRA applies to federal laws, many states do not have their own versions of the act, leaving religious individuals and organizations vulnerable to state and local government policies. Georgia, for example, currently lacks a state-level RFRA, making it essential for people of faith to advocate for similar protections at the state level.

Without state-level RFRAs, churches, faith-based organizations, and individuals may face legal challenges when local ordinances conflict with religious practices.

Purpose of RFRA:

RFRA does not provide a blanket exemption from laws; rather, it ensures a balanced approach where government action that affects religious exercise must meet the highest standards of justification.

The act protects religious communities from being forced into actions that violate their beliefs while allowing the government to regulate in areas where compelling interests, such as public health and safety, are clearly established.

For religious communities, RFRA serves as a crucial tool in protecting their ability to practice and express their faith in everyday life, from participation in government, to public evangelism and private worship. It ensures that government intrusion into religious matters is carefully regulated, preserving the free exercise of religion in a complex legal landscape.