IN THE CAPITAL.

Religious Liberty Protection Act Introduced In Congress

A bipartisan group of members from both houses of Congress is sponsoring legislation designed to expand legal safeguards for the free exercise of religion.

The Religious Liberty Protection Act (RLPA), introduced in both chambers on June 9, was crafted to replace similar federal legislation struck down by the U.S. Supreme Court. If passed, government would have to show a "compelling interest," such as health or safety concerns, before it could infringe on religious practices or beliefs. Officials would also have to show that burdens on religion were the least restrictive possible.

RLPA was drafted by a broad coalition of religious and public policy organizations, including Americans United for Separation of Church and State.

"Religious liberty is a cherished feature of American life," said Americans United Executive Director Barry Lynn. "It deserves the highest level of judicial protection. Although religious motivation alone should not trump all other legal obligations, governments should not be able to burden religious practice without a real and compelling justification."

Americans United Legal Director Steven Green helped write RLPA and said that the new legislation should pass constitutional muster. A predecessor bill, the Religious Freedom Restoration Act, was struck down by the high court in 1997.

Surprisingly, some of the most vocal opposition is coming from the Religious Right. In a protest to Congress in early June, a coalition of right-wing activists objected to the bill, charging that its constitutional basis is flawed. Among those signing the letter were home school advocate Michael Farris, the Eagle Forum's Phyllis Schlafly, Paul Weyrich of the Free Congress Foundation and former Attorney General Edwin Meese.

RLPA's congressional sponsors include ideological opposites such as Sens. Edward Kennedy (D-Mass.) and Orrin Hatch (R-Utah), and Reps. Charles Canady (R-Fla.) and Jerrold Nadler (D-N.Y.) in the House.

Senate Adds School Vouchers To Tobacco Bill; Coverdell Tax Breaks Plan Heads Toward Veto

The bitter debate in the U.S. Senate on comprehensive legislation dealing with tobacco was made even more partisan by the addition of a school voucher plan.

A Republican rider described as anti-drug abuse legislation was attached to the national tobacco bill after a 52-46 vote June 9. The measure, which would allow voucher aid to religious and other private schools, was approved on a party line vote, with only two Republicans -- John Chafee (R.I.) and James Jeffords (Vt.) -- breaking ranks with the GOP to vote against it.

Senate Minority Leader Tom Daschle (D-S.D.) attempted to remove the section of the rider dealing with vouchers, but his attempt was defeated by a 53-45 vote.

The fight over vouchers became irrelevant, however, when the national tobacco bill sponsored by Sen. John McCain (R-Ariz.) was scuttled in the Senate June 17.

Also on Capitol Hill, House and Senate conferees agreed on compromise language on "education savings accounts" sponsored by Sen. Paul Coverdell (R-Ga.). Among the bill's provisions are tax breaks for elementary and secondary school costs, including religious and home schools.

The legislation got a boost when seven Democrats joined Republicans in support of the Coverdell measure. They were Sens. Robert Torricelli (N.J.), Joseph Lieberman (Conn.), Dianne Feinstein (Calif.), Bob Graham (Fla.), Max Cleland (Ga.), Joe Biden (Del.) and John Breaux (La.).

The bill passed the House on a 225-197 vote June 18. The Senate voted for it 59-36 June 24.

President Bill Clinton has promised to veto the proposal, and Coverdell supporters do not appear to have the votes to override that expected action.

Students' Rights Secure, AU's Lynn Tells Rights Panel

The religious freedom rights of public school students are broadly protected by the Constitution and federal law, experts have told the U.S. Commission on Civil Rights.

The May 20 hearing on religious freedom in public schools was the first of three to be held on the subject by the commission, an independent agency set up by Congress to investigate civil rights issues and make recommendations.

Barry Lynn, executive director of Americans United for Separation of Church and State, told the commission no action is needed because students already enjoy a plethora of religious freedoms.

"Despite what you hear on the floors of Congress or in political stump speeches -- after all, this is an election year -- student religious expression is alive and well in America's public schools," Lynn said.

Several panelists said the Department of Education's 1995 distribution of guidelines on religion-and-schools law has helped schools understand the wide range of student religious activities that are permissible.

The commission plans to release a report on the issue by the end of the year.