Religious Freedom Bill News - November 3, 1993 - Senate Passes RFRA But Rejects Prison Exemption

Sep 30, 2026

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Religious Freedom Restoration Act coverage centers on the U.S. Senate’s Oct. 27 approval of RFRA by a 97-3 vote while rejecting an amendment that would have exempted prisons and jails. The article explains that the bill requires governments to meet a “compelling government interest” standard before limiting religious exercise. It contrasts arguments about litigation burdens and privacy concerns, recounts the Oregon peyote case behind RFRA, and notes the bill’s return to the House for reconciliation, alongside related prison and policy headlines.

LanguageEnglish

CategoryReligion & Spirituality

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Pages11

Reading Time28 min

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SENATE: Passes Religious Freedom Bill But Doesn't Exempt Prison

The Freedom To Sue...

OHIO: Female Officers Now Entitled To All Prison Jobs

(See RELIGIOUS FREEDOM, page two)

Vol.24 No.22 ## SENATE PASSES RELIGIOUSFREEDOM BILL WTTH NOEXEMPTION FOR PRISONS Now Must Be ReconciledWith House-Approved Measure The U.S.Senate on Oct.27 approved by avote of 97 to 3 the Religious Freedom RestorationAct(RFRA),making it more difficult for states torestrict religious practices. But they rejected an amendment that wouldhave exempted prisoners,although sponsors of theamendment said prisons would face enormousburdens from inmates who would try to take advan-tage of the law to get special treatment by claimingit was part of their religion. The bill now goes back to the House forreconciliation.The House passed a similar meas-ure in May. The amendment to exempt prisons was of-fered by Sen.Harry Reid(D-Nev.)and seven co-sponsors.Reid argued that the Act would costprisons and taxpayers millions of dollars,both incosts to fight lawsuits,many of which would befrivolous,and in implementing special programsfor inmates. Nearly two dozen state attorneys generalfrom throughout the nation sought the exemptionfor prisons and jails. The RFRA,considered unnecessary in thepast because of the guarantees in the First Amend-ment to the Constitution,arose when the U.S.Supreme Court in 1990 upheld a lower court rulingthat had sanctioned the denial of jobless benefits toan Oregon man fired for using an illegal drugduring a religious ritual. (See RELIGIOUS FREEDOM,page two) November 3,1993 Page 1 IN THIS ISSUE SENATE:Passes Religious Freedom Bill But Doesn't Exempt Prison………………… ……1OHIO:Female Officers Entitled To AllJobs…… ….1DRUG COURTS:Conference Planned…………… …2TEXAS:Will Build Unisex Jails…………………….3MANDATORY SENTENCES:Ineffective,Report Says...3JOB LISTINGS… … …… … …4DEATH ROWS:Hold Innocents,Report Say.… …4NEVADA:Mental Health Services In Compliance… …5SYMPOSIUM:Coming Up In December……… …6WISCONSIN:Senate Nixes Death Penalty … ………6FEDERALJUDGES:Oppose Mandatory Minimum ..…6HOUSE:Committee OKs Crime Bills… …… …7TB:OSHA Issues Enforcement Guidanc…………………8WISCONSIN:New Corrections Chief Chosen… …10LIBRARIES:Directory Available ………… ………………10 ## OHIO FEMALE OFFICERS NOWENITTLED TO ALL PRISON JOBS For the first time,female officers in Ohioprisons are eligible to work in any capacity,withthe exception of strip-searching male prisoners. The decision came about last week whenU.S.Magistrate Judge Mark Abel's ruling settledan employment discrimination lawsuit filed byfemale prison officers in 1977.Abel ruled women'srights to equal job opportunity outweighed issues ofinmate privacy. The women who filed the suit said that per-forming the same jobs as their male counterpartswould provide the same experience and promotion-al opportunities the men receive. (See OHIIO,page two) (RELIGIOUS FREEDOM,from page one) The measure would overturn the effects ofthat high court decision and buttress constitutionalprotections.Sens.Robert C.Byrd(D-W.Va.),Harlan Matthews(D-Tenn.)and Jesse Helms(R- N.C.)voted against it. The bill has the support of the ClintonAdministration. In the Oregon case,the state denied unem-ployment compensation to a man who was firedfrom his job at a private drug rehabilitation compa-ny.The state said that Alfred Smith,a member ofthe Native American Church,had forfeited hisright to benefits because he used the hallucinogenicdrug peyote in violation of Oregon law. Smith's lawyers had argued that peyote wasa legitinate part of the ritual of his church and thatthe state in effect had violated his constitutionalright to freedom of religious expression. But the Supreme Court,by a 6-3 vote,upheld Oregon's denial of the jobless benefits. The measure approved Oct.27 would pre-vent any level of government--Federal,state orlocal--from interfering with a person's exercise ofreligious freedom unless it can show a "compellinggovernment interest"in doing so. ## The Freedom To Sue... James C.Wilson,who was deputy associateattorney general in the Bush Adminis

FAQs

What did the U.S. Senate approve on Oct. 27 regarding religious freedom?

The Senate approved the Religious Freedom Restoration Act (RFRA) by a vote of 97 to 3, making it more difficult for states to restrict religious practices.

Why was an amendment to exempt prisons rejected?

The amendment was rejected despite arguments that it would address burdens and frivolous claims, with sponsors warning that inmates could seek special treatment by framing disputes as religious exercise.

What legal standard does RFRA impose on government actions affecting religious exercise?

RFRA prevents government interference with a person’s religious freedom unless the government can show a “compelling government interest” for doing so.

Sep 30, 2026

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