Religion Law Quiz #5

This Quiz addresses the Religious Freedom Restoration Act.  Let's see how you do.  

 

In honor of Quiz #3 (which had three-parts), I can't help but ask another three-part question. 

 

(1) What is RFRA? 

(2) What does RFRA prohibit? 

(3) What burden government show in order to burden a person's religious exercise? 

 

(Scroll down for the answer)

 

RFRA stands for the Religious Freedom Restoration Act.  It was passed in 1993 by Congress in response to the Supreme Court's ruling in Employment Div., Dept. of Human Resources of Ore. v. Smith, 494 U.S. 872, 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990).  In describing RFRA, the Supreme Court has stated:

 

“[L]aws [that are] ‘neutral’ toward religion,” Congress found, “may burden religious exercise as surely as laws intended to interfere with religious exercise.” 42 U.S.C. § 2000bb(a)(2); see also § 2000bb(a)(4). In order to ensure broad protection for religious liberty, RFRA provides that “Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability.” § 2000bb–1(a). If the Government substantially burdens a person's exercise of religion, under the Act that person is entitled to an exemption from the rule unless the Government “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.” § 2000bb–1(b).

 

Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682, 694–95, 134 S. Ct. 2751, 2761, 189 L. Ed. 2d 675 (2014)

 

The Supreme Court further stated:

 

RFRA prohibits the “Government [from] substantially burden[ing] a person's exercise of religion even if the burden results from a rule of general applicability” unless the Government “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.” 42 U.S.C. §§ 2000bb–1(a), (b) (emphasis added).

 

Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682, 705, 134 S. Ct. 2751, 2767, 189 L. Ed. 2d 675 (2014).

 

Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.