DUVALL: That was the issue before the Supreme Court when it considered the Religious Freedom Restoration Act. The case that brought RFRA to the justices began at a church in the small town of Gurney, Texas. St. Peter and the Apostle Church has been on the site since 1923. When it sought to expand, city authorities tried to stop it. The church sued and won -- a victory that Reverend Oliver Thomas credits to RFRA.

Mr. OLIVER THOMAS (General Counsel, National Council of Churches): RFRA put the burden where it ought to be, on the government that wants to restrict religion. We ought to start from the baseline that we're free to be as religious or nonreligious as we want to be as American citizens.

DUVALL: And RFRA says?

Mr. THOMAS: RFRA says, "Government, if you want to restrict Jed's right to be religious, you're going to have to show a good reason for it."

DUVALL: But that changed when the Supreme Court overturned RFRA in the Gurney case last June. Religious leaders such as Thomas were outraged at the court's decision. Now, without RFRA we are -- the burden is?

Mr. THOMAS: Now we can treat a church like a dry goods store. We can say that a yarmulke is no more important than a baseball cap, despite the fact that one is a claim of conscience.

DUVALL: But did RFRA, as opponents claim, represent too much religious freedom? Too much power for churches? Arguing against RFRA before the high court was Marci Hamilton.

MARCI HAMILTON (Cardozo Law School): As a matter of fact, a matter of empirical fact, religion and churches and synagogues are part of communities; and the question is whether or not they can find ways to serve their needs and the people's needs in concert with the community.

DUVALL: In Richmond, Virginia, the church has found a way to serve their poor by swamping the city council with church folks opposed to the ordinance restricting feeding programs.

Unidentified Man #4: Richmond is my city. And this is the first time that I've seen the religious leaders of this city come out and say, "This is an ordinance that we're not going to obey."

Man #4: We want this ordinance repealed, period.

Unidentified Man #5: The mission of the church is not to be tampered with.

DUVALL: Then promised to dump the ordinance. But Rabbi Rubin and his congregation are still fighting their city hall for the right to have a place of worship in their neighborhood. They plan to sue.

Rabbi RUBIN: I think that we qualify to be here even without RFRA. But of course, if RFRA had been upheld, it would've been a lot easier.

DUVALL: Members of Congress would like to help Rabbi Rubin and others of all faiths in similar situations. The effort has begun here to write and pass new RFRA legislation. Hearings have been held already and many state legislatures across the country have begun to work on their own versions of RFRA. I'm Jed Duvall.