(The Nation) -- In the not-too-distant future, it’s entirely possible that religious freedom will be the only freedom we have left—a condition for which we can blame the Religious Freedom Restoration Act of 1993. Passed practically unanimously, with support from Ted Kennedy to Orrin Hatch, the ACLU to Concerned Women for America, the bill was a response to the Supreme Court’s decision in Employment Division v. Smith. This case involved two Oregon members of the Native American Church who were denied unemployment compensation after being fired for using peyote, an illegal drug, in a religious ceremony. Justice Antonin Scalia’s majority opinion, which held that a law that applied to everyone and was not directed at religion specifically was not a violation of religious freedom, made a lot of sense to me, then and now. Why should I have to obey a law and my religious neighbor not?
RFRA, which required laws infringing on religious convictions to meet the “strict scrutiny” test, was overkill. There were other ways to protect Native Americans’ right to use peyote in religious ceremonies. The church could have asked the State Legislature for an exemption; after all, during Prohibition, the Catholic Church was allowed to use wine in the Mass. Or—but now I’m really dreaming—workers could have been given legal protection from losing their jobs for minor lawbreaking outside the workplace. I mean, peyote! Come on. But no, for some reason, there had to be a sweeping, feel-good, come-to-Jesus moment uniting left and right. “The power of God is such,” said President Clinton, “that even in the legislative process, miracles can happen.” Gag me with a spoon.