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lutely yes ... RFRA is no longer
enforced, so there is now a lower
standard of review for cases
where religious liberty rights
bump up against state law."
The legislative summer recess
was delayed by a debate on the
gas tax, said Rep. Profit. 'The de-
lay could be a blessing allowing
for a swift passage [of RFRA] in
the Senate," he said.
Jewish organizations have
played a key role in advocating
f legislators act promptly,
Michigan will be the first state
to guarantee the religious free-
doms previously protected un-
der the federal Religious
Freedom Restoration Act
(RFRA).
Although the United States
Supreme Court ruled last month
(City of Boerne vs. Flores) that
RFRA was unconstitutional, the
decision gives states the right to
draft their own religious freedom
acts.
Michigan has been quick to
respond. Representative Kirk
Profit (D-Ypsilanti) recently in-
troduced the Michigan Religious
Freedom Restoration Act (HB
4376), which requires laws that
inadvertently interfere with an
individual's religious practices to
be subject to a high standard of
review.
For example, a yarmulke-
wearing Jew would be exempt
from a mandated dress code law
unless the government could
demonstrate that the law was
necessary to address a compelling
state interest. Even then, the gov-
ernment would be obligated to
use the least restrictive means
possible to accomplish its goal.
The Michigan act passed
unanimously in the state House
of Representatives last week and
is now in the state Senate Judi-
ciary Committee. With wide pop-
ular support for the bill, it is likely
to pass when brought to a vote.
The question is when.
With the state legislature
about to depart for summer re-
cess, speed is of the essence, says
Don Cohen: National coalition.
PHOTO BY ELA INE M. HERC HOCK
`97 LX 450
After passing the Michigan House, the religious
freedom act awaits a Senate decision.
JULIE WIENER STAFF WRITER
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Rabbi Marla Feldman: Pushing for
passage.
Rabbi Marla Feldman, assistant
director of the Jewish Commu-
nity Council of Metropolitan De-
troit. Asked whether postponing
the bill until the Senate's fall ses-
sion was likely to have an imme-
diate impact on individuals'
rights, Rabbi Feldman, who is
also an attorney, said, "Abso-
the state legislation. At a July 2
hearing before the state House
Committee on Constitutional and
Civil Rights, expert witnesses in-
cluded Don Cohen of the Michi-
gan Anti-Defamation League
(ADL), Cindy Hughey of the
Michigan Jewish Conference and
Rabbi Feldman.
In her testimony, Hughey stat-
ed: "From the manner in which
we worship, to the foods we eat
and the clothes we wear, the Jew-
ish community relies on the state
to guarantee our religious rights,
even when they become inconve-
nient for the majority."
According to Rabbi Feldman,
hundreds of national court cases
— many involving Jews — have
relied on RFRA since it was en-
acted in 1991. RFRA has pro-
tected Jews from laws mandating
autopsies and dress codes as well
as legislation limiting the reli-
gious rights of prisoners.
Following the Supreme Court
decision, according to the ADL's
Cohen, a coalition has been
formed to work on national strat-
egy.
But he stressed that the ADL
does not support the constitu-
tional amendment advocated in
some circles. "Once you open up
for a state constitutional con-
vention, there's no limit to what
will come up," said Cohen. "We'd
see a whole range of issues
brought up in that forum." ❑