ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 6

STATE OF NEW JERSEY

DATED: NOVEMBER 17, 1997

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 6.

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 6.       This bill creates the" New Jersey Religious Freedom Restoration Act." It is the purpose of this bill to require that a test of compelling governmental interest be imposed on all State laws and local ordinances in all cases in which free exercise of religion is substantially burdened and to provide a claim or defense to persons whose religious exercise is substantially burdened by government. The compelling interest test is a standard set forth in a number of U.S. Supreme Court decisions such as Wisconsin v.Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 398 (1963).

      The bill further provides that a person whose religious exercise has been burdened in violation of the act may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Under the bill, a party which prevails against a governmental entity shall recover attorney's fees and costs. The bill is applicable to all State laws and local ordinances whether enacted before or after the effective date of this act.

      This bill is based upon the federal Religious Freedom Restoration Act of 1993 (RFRA).