House Approves Bill Letting Religion Trump Local Laws

The House passed a measure Thursday intended to protect individuals and religious organizations from having to obey state and local laws, such as zoning ordinances, that might interfere with their religious practices.

The legislation was strongly opposed by local government officials, including those in Los Angeles, who said it would hurt efforts to protect residential neighborhoods from traffic, noise, parking and other problems that can be caused by churches and other buildings owned by religious institutions.

The measure, approved 306 to 118, is designed to respond to a variety of complaints by religious groups, such as allegations that zoning boards sometimes try to block churches from enlarging or renovating their buildings.

The measure was opposed by the National League of Cities, U.S. Conference of Mayors and the National Assn. of Counties. “While we support the free exercise of religion,” the groups said in a letter to House members, the bill “goes far beyond what is necessary to protect religious freedom. . . .”

A National League of Cities representative said the group would fight the bill in the Senate, where the outlook is uncertain. The Senate Judiciary Committee has not even begun hearings on the issue, and strategists said the panel had no immediate plans to send such a bill to the Senate floor anytime soon.

The House bill prohibits states and localities from enacting laws that infringe on the ability of citizens to practice their religion, except when the government can show it had a “compelling interest” in doing so and had taken the “least restrictive” course.

Congress passed similar legislation in 1993, but the Supreme Court struck it down, ruling that federal lawmakers did not have sufficient authority to limit state and local power. The new version is based on congressional power to regulate interstate commerce.

The House vote comes as religious groups are stepping up their efforts to influence legislation. Largely in response to outside pressures, the House voted two weeks ago to allow government officials to display the Ten Commandments in public places.

During floor debate Thursday, the bill’s proponents cited an array of reported abuses in which they contend that various state and local laws had infringed on the religious liberty guaranteed by the Constitution.

In one case, a Catholic hospital was denied government accreditation after refusing to train residents to perform abortions. Zoning laws also have barred some churches from feeding the homeless.

Foes warned that the measure might inadvertently prevent states from enforcing civil rights laws, particularly those designed to protect homosexuals.

As an example, the opponents expressed concern that employers, citing their own religious convictions, could deny a job to a gay man.

In Los Angeles, City Councilman Hal Bernson was among those criticizing the bill.

Bernson, chairman of the council’s planning committee, contended that city zoning decisions that affect religious institutions have “nothing to do with freedom of religion. It has to do with land use. [House members] ought to talk to some of their constituents about this.”