mutual-flourishing/ADPA/bills/RFCLA.md

Religious Freedom & Civil Liberties Act (RFCLA)

118th Congress, 2nd Session
H.R. _____ / S. _____

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A BILL

To protect religious freedom, uphold the separation of church and state, and safeguard civil liberties while ensuring equal protection under the law for all individuals, regardless of their religious beliefs or lack thereof.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1: Purpose and Scope

This Act aims to protect religious freedom, uphold the separation of church and state, and safeguard civil liberties while ensuring equal protection under the law for all individuals, regardless of their religious beliefs or lack thereof.

Section 2: Definitions

For the purposes of this Act:

• "Religious belief" includes traditional faiths, non-traditional beliefs, and the choice not to hold religious beliefs
• "Sincere religious belief" must be:
  1. Consistently held and demonstrated through regular practice
  2. Part of an established belief system or personal conviction
  3. Not adopted solely to gain exemptions or advantages
• "Substantial harm" includes:
  1. Physical or mental health damage
  2. Denial of essential services
  3. Economic discrimination
  4. Loss of civil rights
• "Government institution" refers to any federal, state, or local government entity, agency, or publicly funded organization
• "Public accommodation" includes businesses, services, and facilities open to the public
• "Religious coercion" means any attempt to force, pressure, or manipulate individuals regarding religious practices or beliefs

Section 3: Separation of Church & State

A. Government Neutrality

1. Government institutions shall maintain strict neutrality in matters of religion
2. Prohibits use of public funds, property, or resources to:
   • Promote specific religious beliefs or practices
   • Fund religious education or indoctrination
   • Support religious symbols or displays on government property, except in historical contexts

B. Public Education

1. Prohibits mandatory prayer or religious instruction in public schools
2. Allows objective teaching about religions in historical and cultural contexts
3. Protects students' rights to voluntary religious expression that doesn't disrupt education

Section 4: Protection of Individual Religious Rights

A. Freedom of Religious Practice

1. Guarantees the right to practice any religion or no religion
2. Protects religious attire, observances, and dietary requirements
3. Ensures accommodation for religious holidays and worship times

B. Anti-Discrimination Measures

1. Prohibits discrimination based on religious beliefs in:
   • Employment and hiring practices
   • Housing and rental agreements
   • Access to public services and accommodations
   • Educational opportunities
2. Establishes penalties for religious discrimination violations

Section 5: Religious Exemptions and Limitations

A. Fair Application Standards and Public Health Protections

1. Religious exemptions must not:

   • Cause substantial harm to others
   • Deny access to essential healthcare services
   • Discriminate in public accommodations
   • Violate civil rights laws
   • Endanger public health or safety

2. Vaccine and Public Health Standards:

   • Religious exemptions for vaccines are not permitted when:
     • A declared public health emergency exists
     • The disease in question has a reproduction rate (R0) above 1.0
     • The unvaccinated individual works in healthcare, education, or childcare
     • The unvaccinated individual regularly interacts with immunocompromised populations
   • Institutions may require regular testing, masking, or remote work/learning options for unvaccinated individuals
   • Schools and daycares may exclude unvaccinated children during disease outbreaks
   • Healthcare facilities must maintain minimum vaccination rates for staff to ensure herd immunity

3. Public Health Education Requirements:

   • Mandatory completion of CDC-approved education module on:
     • Basic principles of immunology and public health
     • Specific risks of vaccine-preventable diseases
     • Community impact of vaccination rates
     • Historical impact of vaccines on public health
   • Annual refresher course on current epidemiological data
   • Signed acknowledgment of understanding
   • Consultation with public health official before exemption approval

4. Emerging Disease Protocols:

   • Automatic suspension of existing religious exemptions when:
     • WHO declares a Public Health Emergency of International Concern
     • CDC identifies a novel pathogen with pandemic potential
     • Local health authorities declare an epidemic
   • Expedited review process for new vaccines during emergencies
   • Special provisions for rapid response to emerging variants
   • Required participation in public health monitoring programs

5. Herd Immunity Thresholds:

   • Specific vaccination rate requirements based on disease R0:
     • Measles (R0 > 12): 95% minimum vaccination rate
     • Pertussis (R0 > 5): 92% minimum vaccination rate
     • Influenza (R0 > 2): 80% minimum vaccination rate
     • COVID-19 and variants: Rates adjusted based on current R0
   • Quarterly assessment of community immunity levels
   • Automatic suspension of new exemptions when thresholds are threatened
   • Geographic-based monitoring and enforcement

6. Documentation Requirements:

   • Requires documented proof of sincere religious belief for exemption claims
   • Must demonstrate history of consistent religious objection to medical interventions
   • Annual renewal of exemption claims with updated documentation
   • Signed acknowledgment of risks to public health
   • Verification of completed education requirements
   • Regular reviews during public health events

B. Healthcare Provisions

1. Healthcare providers must:
   • Provide emergency care regardless of religious beliefs
   • Ensure access to essential medications and procedures
   • Refer patients to alternative providers when refusing non-emergency care
   • Maintain a public registry of services they refuse to provide
2. Healthcare Access Guarantees:
   • In regions with limited providers, religious exemptions cannot be claimed if it would leave patients without reasonable access to care
   • States must maintain at least one secular healthcare facility within 50 miles of any population center
   • Telemedicine options must be provided when local care is unavailable due to religious exemptions
3. Protects healthcare workers from being forced to participate in procedures that violate their religious beliefs, except in:
   • Emergencies
   • Cases where no alternative provider is available within 50 miles
   • Situations where delay would cause medical harm

Section 6: Enforcement and Oversight

A. Enforcement Mechanism

1. Establishes an Independent Office of Religious Freedom and Civil Liberties (IORFCL):
   • Leadership appointed through bipartisan process
   • 10-year terms for senior officials to ensure independence
   • Protected funding that cannot be reduced without 2/3 Congressional approval
   • Authority to investigate any government entity
2. Creates a multi-tier complaint system:
   • Fast-track process for urgent violations
   • Public online reporting portal
   • Anonymous whistleblower protections
3. Provides legal resources for religious freedom violations:
   • Free legal consultation for victims
   • Grant program for civil rights organizations
   • Public defender office specializing in religious discrimination

B. Penalties and Remedies

1. Civil penalties for violations:
   • First offense: up to $100,000 or 1% of annual revenue, whichever is greater
   • Subsequent offenses: up to $500,000 or 5% of annual revenue, whichever is greater
   • Personal liability for decision-makers in willful violations
2. Criminal penalties for willful violations causing substantial harm:
   • Fines up to $1,000,000 for organizations
   • Individual penalties including possible imprisonment for egregious violations
3. Mandates corrective action:
   • Mandatory training programs
   • External compliance monitoring
   • Public disclosure of violations
   • Five-year probationary period for repeat offenders

Section 7: Public Education and Outreach

A. Educational Programs

1. Requires development of educational materials about:
   • Religious freedom rights and protections
   • Reporting discrimination
   • Understanding religious accommodations
2. Mandates training for government employees

B. Reporting Requirements

1. Annual reports on religious freedom violations
2. Public database of discrimination cases
3. Regular assessment of law's effectiveness

Section 8: Funding and Implementation

A. Budget Allocation

1. Establishes dedicated funding for enforcement
2. Provides grants for religious freedom education programs
3. Supports legal assistance for discrimination cases

B. Timeline

1. Full implementation within 180 days of enactment
2. Regular review and updates every 3 years
3. Grandfather clause for existing religious accommodations

Section 10: Expanded Religious Protection

10.1 Non-Traditional Belief Protection

1. Comprehensive Belief Coverage

   • Explicit protection for atheism, agnosticism, and secular philosophies
   • Protection for indigenous spiritual practices and traditional beliefs
   • Recognition of evolving religious expressions and new religious movements
   • Equal treatment for all sincere belief systems regardless of traditional recognition

2. Secular Conscience Protections

   • Protection for deeply held secular moral convictions
   • Equal accommodation rights for non-religious ethical systems
   • Protection against discrimination based on lack of religious belief
   • Equivalent conscientious objector status for secular moral positions

10.2 International Religious Freedom Coordination

1. Global Religious Freedom Support

   • Support programs for religious minorities facing persecution abroad
   • Diplomatic initiatives to protect international religious freedom
   • Sanctions against countries engaging in systematic religious persecution
   • Refugee protections specifically for religious persecution victims

2. International Cooperation

   • Participation in international religious freedom initiatives
   • Information sharing with allies on religious freedom threats
   • Joint programs to protect religious minorities globally
   • Support for international religious freedom monitoring organizations

10.3 Enhanced Public Health Balance

1. Refined Exemption Standards

   • Clear scientific criteria for when religious exemptions may be limited
   • Enhanced education requirements for religious exemption claims
   • Community impact assessments for religious exemption policies
   • Regular review of exemption policies based on public health data

2. Alternative Accommodation Measures

   • Alternative testing and safety measures for religious exemption holders
   • Remote work and education options during public health emergencies
   • Enhanced health monitoring for exempt individuals
   • Community-based public health education programs

10.4 Technology and Religious Freedom

1. Digital Religious Expression Protection

   • Protection for religious expression on digital platforms
   • Anti-discrimination measures for religious content online
   • Privacy protections for religious data and communications
   • Equal access to digital services regardless of religious belief

2. AI and Religious Bias Prevention

   • Prohibition on AI systems that discriminate based on religious belief
   • Regular testing of AI systems for religious bias
   • Transparency requirements for AI decision-making affecting religious groups
   • Right to human review of AI decisions impacting religious freedom

Section 9: Severability

If any provision of this Act is held invalid, the remainder shall continue in effect.