Gov. Eliot Spitzer's plan to limit government action affecting religious practice has won support from some religious leaders, but the bill has drawn concerns for not including protections for religious institutions to uphold the tenets of their faith.The Democratic governor said his bill would ensure that state and local laws and regulations, "wherever possible and consistent with the state's important interests, accommodate religious beliefs and practices."
Under the proposed Religious Freedom Restoration Act, government actions that "substantially burden religious exercise must be justified by a compelling governmental interest, and be narrowly tailored to meet that interest."
Spitzer noted the standard set by the bill applied nationwide until 1990, when the U.S. Supreme Court found a lower standard should apply. Since then, Illinois, Florida, Connecticut and Rhode Island have adopted statutes reinstating the higher standard in order to protect religious liberty, the governor's office said.
"We hope that the Legislature will quickly adopt this legislation which elsewhere has both protected religious liberty and allowed government to meet compelling public needs," said Marc Stern of the American Jewish Congress.
Todd McFarland of the Seventh-day Adventist Church said, "This bill represents an important step forward in the legal protections provided to New Yorkers of all faiths."
The New York State Catholic Conference wants the legislation to go further and include exemptions for people of faith to follow their conscience.
"The bill also needs to ensure protecting Catholic service providers, such as Catholic hospitals, from having to perform abortions or Catholic institutions from having to give contraceptives to employees," said Dennis Poust, director of communication for the conference.
Arthur Eisenberg of the New York Civil Liberties Union urged lawmakers to make sure the measure doesn't water down the constitutional separation of church and state. He said it deals with countervailing interests, "and the Legislature should not be in a rush to pass it."
As attorney general, Spitzer brought cases defending workers' rights to observe some religious customs.
Among the workers were a Jewish repairman required to work on the Sabbath and a female medical student required to wear clothing considered immodest in her religion.
Courts ruled these observances were not disruptive to employers and should be accommodated.
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