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"If You Don't

RELIGION page 1

SubScrilbe • • •
You Don't Know. ,,

"The problem with the
as early as the end of this
case is that it allows a
Smith
month.
government
to regulate reli-
The Smith decision grant-
gious practices, even those
ed greater latitude to states in
outside the mainstream," said
enacting laws that infringe on
Robert Brown, president for
religious activity., It omitted
the Detroit chapter of the K
the government's obligation
American Jewish Congress.
to demonstrate a compelling
"We have always been a coun-
state interest before depriving
try based on religious toler-
religious rights to an individ-
ance. And to have the courts
ual.
regulate or limit this really
The bill has just one pur-
leads the way down the slip-
pose: to reinstate the com-
pery slope to control of reli- K
pelling state interest test.
gion."
In Smith, the Supreme
A year ago, Detroiters
Court held that the State of
Miriam and Larry Imerman,
Oregon could deny unem-
both attorneys, went to the
ployment benefits to persons
Oakland County Law Library
discharged from their jobs for
to look up cases of religious
using peyote in Native
discrimination. Mr. Imerman,
American religious cere-
president of the local
monies.
Advocates for RFRA have
argued that the court could
have upheld this state action
without eliminating the com-
pelling state interest test.
Instead, the court issued a
— Rabbi David Saperstein
broader opinion, completely
throwing out the test.
This case, Rabbi Saperstein
American Jewish Committee,
says, is different from many
predicted RFRA would impact
because it is "critical to the
only those religions not in the
survival of American Jews."
mainstream.
"We all are endangered by
He was wrong.
Smith," he said. "(RFRA) will
The couple discovered 14
rectify the situation until the
pending cases, several from
next court case comes our
Jewish prisoners, who said li
way."
they cannot wear yarmulkes.
In a letter to congressional
"I was shocked," Mr.
colleagues asking for support
Imerman said. "(RFRA) has
of RFRA, Rep. Charles
to be approved. Let's forget the
Schumer said more than 50
party line here."
cases in the past two years
Fifty-four religious and civ-
de-
Sthith
have relied on the
il
rights
organizations —
cision to decide against reli-
Jewish, evangelical, Baptist,
gious claimants. Among these
liberal, conservative — have K
cases, Mr. Schumer said,
advocated for passage of this
evangelical churches have
bill.
been zoned out of commercial
Their leaders all know
areas and Orthodox Jews
Rabbi
Saperstein as the mav-
have been subjected to autop-
erick
lobbyist
who represent-
sies in violation ofHalachah,
ed
their
coalition.
Jewish law.
Yet they also know the U.S.
The decision could also
Catholic Conference, which
have far-reaching implications
fought hard against the legis-
in metropolitan Detroit and
lation. The Catholic group re-
other Jewish communities in
cently withdrew its opposition.
the United States. It means
Legal experts and RFRA
public schools could prohibit
cosponsors,
including anti-
students from wearing
choice
legislators,
explained
yarmulkes if they have rules
that the bill will restore judi-
against wearing hats to
cial protections and will not
school, and those under age
create new rights. The bill
21 could be arrested for drink-
does not address abortion.
ing wine at a Passover seder.
Though support for RFRA
The Michigan Jewish
is bi-partisan, Mr. Bush did
Conference is drafting a bill
not champion this cause. U.S
for the state legislature that
Reps. Sander Levin, D-
would protect public school
Southfield, and Joe
students from being penalized
Knollenberg, R-Birmingham,
for absences due to religious
and Michigan Sens. Carl
holidays. Smith also could
Levin and Donald Riegle, both
jeopardize the right to miss
Democrats, support the bill. ❑
school for such purposes.

This is "critical to
the survival of
American Jews."

• •

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