US Religious Freedom Restoration Act (RFRA) Overview
The US Religious Freedom Restoration Act (RFRA) aims to protect the free exercise of religion by ensuring that governments do not substantially burden religious practices without compelling justification. It emphasizes striking a balance between religious liberty and governmental interests through the compelling interest test. RFRA provides a claim or defense for individuals whose religious exercise is substantially burdened by the government. The act defines key terms and outlines the procedures for asserting violations in judicial proceedings.
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Oberfegell v. Hodges April 28, 2015 JUSTICE ALITO: Well,in the Bob Jones case, the Court held that a college was not entitled to tax-exempt status if it opposed interracial marriage or interracial dating. So would the same apply to a university or a college if it opposed same-sex marriage? ATTORNEY GENERALVERRILLI: You know, I I don t think I can answer that question without knowing more specifics, but it s certainly going to be an issue. I I don t deny that. I don't deny that, Justice Alito. It is is it going to be an issue.
The US Religious Freedom Restoration Act (RFRA) 42 U.S. Code Chapter 21B 2000bb Congressional findings and declaration of purposes (a) Findings The Congress finds that (1) the framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution; (2) laws neutral toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise; (3) governments should not substantially burden religious exercise without compelling justification; (4) in Employment Division v. Smith, 494 U.S. 872 (1990) the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and (5) the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests. (b) Purposes The purposes of this chapter are (1) to restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases where free exercise of religion is substantially burdened; and (2) to provide a claim or defense to persons whose religious exercise is substantially burdened by government.
The US Religious Freedom Restoration Act (RFRA) 42 U.S. Code Chapter 21B 2000bb 1 Free exercise of religion protected (a) In general Government shall not substantially burden a person s exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b) of this section. (b) Exception Government may substantially burden a person s exercise of religion only if it demonstrates that application of the burden to the person (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. (c) Judicial relief A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution. 2000bb 2 Definitions As used in this chapter (1) the term government includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States, or of a covered entity; (2) the term covered entity means the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States; (3) the term demonstrates means meets the burdens of going forward with the evidence and of persuasion; and (4) the term exercise of religion means religious exercise, as defined in section 2000cc 5 of this title.
The US Religious Freedom Restoration Act (RFRA) 42 U.S. Code Chapter 21B 2000bb 3 Applicability (a) In general This chapter applies to all Federal law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after November 16, 1993. (b) Rule of construction Federal statutory law adopted after November 16, 1993, is subject to this chapter unless such law explicitly excludes such application by reference to this chapter. (c) Religious belief unaffected Nothing in this chapter shall be construed to authorize any government to burden any religious belief. 2000bb 4 Establishment clause unaffected Nothing in this chapter shall be construed to affect, interpret, or in any way address that portion of the First Amendment prohibiting laws respecting the establishment of religion (referred to in this section as the Establishment Clause ). Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this chapter. As used in this section, the term granting , used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.
Indianas RFRA (March 2015) Three problems 1) Unlike the federal law, the Indiana bill explicitly protects the exercise of religion of entities, which includes for profit corporations. Sec. 7. As used in this chapter, "person" includes the following: (1) An individual. (2) An organization, a religious society, a church, a body of communicants, or a group organized and operated primarily for religious purposes. (3) A partnership, a limited liability company, a corporation, a company, a firm, a society, a joint-stock company, an unincorporated association, or another entity that: (A) may sue and be sued; and (B) exercises practices that are compelled or limited by a system of religious belief held by: (i) an individual; or (ii) the individuals; who have control and substantial ownership of the entity, regardless of whether the entity is organized and operated for profit or nonprofit purposes.
Indianas RFRA Three problems 2) The bill's protection of religious liberty could be invoked not only when a person's religious freedom has been burdened, but also when it is likely to be substantially burdened by government action. Sec. 9. A person whose exercise of religion has been substantially burdened, or is likely to be substantially burdened, by a violation of this chapter may assert the violation or impending violation as a claim or defense in a judicial or administrative proceeding .. 3) The bill appeared to allow using exercise of religion as a defense in judicial or administrative proceedings between private parties. Sec. 9. regardless of whether the state or any other governmental entity is a party to the proceeding. If the relevant governmental entity is not a party to the proceeding, the governmental entity has an unconditional right to intervene in order to respond to the person's invocation of this chapter.
Indianas RFRA Fix (April 2015) Synopsis Anti-discrimination safeguards. Indicates that the law related to adjudicating a claim or defense that a state or local law, ordinance, or other action substantially burdens the exercise of religion of a person: (1) does not authorize a provider to refuse to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public; (2) does not establish a defense to a civil action or criminal prosecution for refusal by a provider to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public; and (3) does not negate any rights available under the Constitution of the State of Indiana. Defines the term provider.
Utahs Anti-Discrimination Act A miracle? Whatever your faith or sexual orientation, what happened in Utah on March 12 should make you proud to be an American. Charles C. Haynes, LGBT Rights, Religious Freedom and the Utah Miracle, The First Amendment Center, Newseum Institute, March 19, 2015 Not enough? As Utah anti-discrimination law takes effect, some LGBT residents worry it will do little. Michelle L. Price, Associated Press, May 12, 2015
Oberfegell v. Hodges April 28, 2015 JUSTICE ALITO: Well,in the Bob Jones case, the Court held that a college was not entitled to tax-exempt status if it opposed interracial marriage or interracial dating. So would the same apply to a university or a college if it opposed same-sex marriage? ATTORNEY GENERALVERRILLI: You know, I I don t think I can answer that question without knowing more specifics, but it s certainly going to be an issue. I I don t deny that. I don't deny that, Justice Alito. It is is it going to be an issue.
