The Law of Church and State: The Proposed Religious Freedom Amendment, H.J. Res. 78

Publication Date: April 1998

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Human rights; Law and ethics

Type:

Abstract:

On March 4, 1998, the House Judiciary Committee voted to report H.J.Res. 78, the "Religious Freedom Amendment," to the House. The proposal is the latest in a long chain of constitutional amendments that have been introduced since the Supreme Court's school prayer decisions of Engel v. Vitale1 and Abington School District v. Schempp.2 But this is the first time a constitutional amendment concerning church and state has been ordered reported by a House committee. The scope and effect of H.J.Res. 78 are also considerably broader than the school prayer issue that has been the focus of most previous proposals, and in that respect the measure appears to build on the debate on church-state issues that occurred in the 104th Congress. This report summarizes legislative developments on the proposal and briefly analyzes its likely legal effect if added to the Constitution.