The Establishment Clause, which prohibits governmental
sponsorship of religion, is one of the crucial elements of protecting religious freedom in
America. In recent years, however, certain individuals and groups have ardently -- and, at
times, furtively -- worked to insinuate their own religious beliefs and practices into
schools, legislatures, and the courts.
The League continues its involvement in fighting discrimination and vigorously opposes
unconstitutional programs in public schools, as well as official English language
requirements. Filing amicus briefs in a number of civil rights cases, the League affirms
its position that religion is a private, individual choice too sacred to be exploited for
political ends.
THREATS TO RELIGIOUS FREEDOM
ADL disagreed with the U.S. Supreme Court's decision in City of Boerne v. Flores, which
held that the Religious Freedom Restoration Act (RFRA) was unconstitutional. The law
mandated that government could not impede religious observances unless there was a
"compelling interest" for doing so. The League believes the Boerne decision
could conceivably hinder people in certain situations from practicing their religion.
In view of the ruling, ADL has focused its efforts on state legislatures to pass their
own versions of RFRA on the state level. ADL is also part of a broad coalition drafting
new Federal legislation that will ultimately pass constitutional scrutiny.
With policy-makers around the country debating the introduction of vouchers, ADL has
vigorously opposed these programs, emphasizing the importance of separation of religion
and state, and of maintaining a nonsectarian public school system available to all young
Americans.
In Agostini v. Felton, the Court declared that public school teachers could work in
parochial schools as long as certain precautions were taken to preclude the teachers'
involvement in religious activities. ADL believes that the decision does not seriously
undermine constitutional protections regarding the separation of religion and government,
but is concerned that language in the majority decision could cause problems in the future
when the Court rules on similar issues.
RELIGIOUS FREEDOM IN THE FEDERAL WORKPLACE
ADL endorsed the Clinton Administration's guidelines for protecting religious freedom
for Federal employees. The League declared that the pertinent document, Guidelines on
Religious Exercise and Religious Expression in the Federal Workplace, should serve as a
model for state and private employers. ADL also supports a bill working its way through
Congress, the Workplace Religious Freedom Act, which would increase workplace safeguards
in the private sector for religious employees.
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IN ATLANTA
ADL's Southeast Regional Office used the League's Religion in the Public Schools in an
extensive educational workshop for all area superintendents, administrators, school board
members and staff.
IN DENVER
When Hebrew Christian missionaries targeted new Russian immigrants, ADL's Mountain
States Regional Office's Task Force on Missionaries and Cults countered by preparing
educational materials in Russian.
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RESOURCES
Protecting Religious Freedom: A State Legislative Priority.
Pointing out that the Supreme Court's decision in Boerne does not limit the ability of
individual states to secure freedom of religion, this publication by the Legal Affairs
Department advises states on how to craft laws sustaining religious freedom that are
constitutionally sound.