Legislation Promotes Accommodation of Religious Practices

Press Release

LEGISLATION PROMOTES ACCOMODATION OF RELIGOUS PRACTICES

Religious Groups Praise Governor's Proposal

Governor Eliot Spitzer today introduced legislation that would help protect religious freedom in New York.

The Governor's bill, modeled after federal legislation, would ensure that state and local laws accommodate important religious practices.

"The principle that government must allow people to practice their faith without undue interference by the state is firmly entrenched in our history and tradition," Governor Spitzer said. "This legislation would ensure that the laws and regulations, wherever possible and consistent with the state's important interests, accommodate religious beliefs and practices."

Under the Governor's proposed Religious Freedom Restoration Act, all statutes, regulations or other 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 that the standard set by his bill applied nationwide until 1990, when the Supreme Court issued a decision indicating that a lower standard should apply. Since that time, the federal government and several other states, including Illinois, Florida, Connecticut and Rhode Island, have adopted statutes reinstating the higher standard in an effort to protect religious liberty.

Religious groups welcomed the legislation as an important milestone in ensuring freedom for religious exercise in New York.

Marc Stern of the American Jewish Congress said: "The Governor's commitment to religious liberty manifests in the introduction of a New York Religious Freedom Restoration Act applicable to all actions of state and local government is most welcome. Too often, those in power see only the need for the exercise of unchecked power and not for restraints on its exercise. 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. We look forward to working with the Governor to see to the enactment of this legislation."

Rabbi David Zweibel of Agudath Israel said: "For far too many years, religious freedom in New York has been relegated to second-class citizenship status. Governor Spitzer's bill would restore the free exercise of religion to its rightful place in the hierarchy of personal liberty. This bill reaffirms a core value of American society and deserves across the board support."

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. We commend the Governor on seeking to establish an important pillar of religious liberty that has been absent from New York law."

As Attorney General, Spitzer brought numerous cases defending workers' rights to observe certain religious customs and practices. One such case involved a Jewish repairman who was required to work on the Sabbath. Another case involved a deliveryman who was ordered to cut the dreadlocks customary to his religion. Still another case involved a female medical student who was required to wear clothing considered immodest in her religion. In each of these cases, the courts ruled that the religious observances were not disruptive to employers and should be accommodated. The new legislation would ensure that such reasonable accommodation of religious customs becomes a standard principle of New York law.

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