Marc D. Stern

In 1993 Congress passed the Religious Freedom Restoration Act (RFRA). RFRA established that general state and federal laws could not impose “substantial” burdens on religious exercise unless there was a “compelling” state interest. In 1997, however, the Supreme Court ruled that Congress had exceeded its constitutional authority in passing this law. The following viewpoint is taken from testimony given by Marc D. Stern before Congress in hearings following the Supreme Court’s 1997 ruling. Stern is a lawyer with the American Jewish Congress. He argues that RFRA served as a useful lever to ensure that public officials, teachers, and others respected the rights of religious practitioners. Without RFRA or similar legislation, Stern concludes that religious liberties in America are threatened.

As you read, consider the...