Title: Religious Freedom Restoration Act of 1993 | The First Amendment Encyclopedia
Headings: The First Amendment Encyclopedia
The First Amendment Encyclopedia
Religious Freedom Restoration Act of 1993 (1993)
By David Schultz (Updated September 2017 by David L. Hudson Jr.)
Congress passed Religious Freedom Restoration Act after First Amendment free exercise case
RFRA said courts have to use strict scrutiny when examining laws relating to religious freedom
Court limited RFRA, cited separation of powers
Congress created a narrower religious liberty law
Court used RFRA to uphold Hobby Lobby's religious-based exemption to federal health care law

Content: In City of Boerne v. Flores (1997), the Court struck down the provisions of the RFRA as they applied to the states. RFRA remains constitutional on the federal level. Congress passed Religious Freedom Restoration Act after First Amendment free exercise case
In Smith, the Court upheld a decision by an Oregon state agency to deny unemployment benefits to two Native Americans who were dismissed from drug counseling jobs because they had tested positive for peyote, a hallucinogenic drug. Both men had ingested the drug in a Native American religious ceremony. Justice Antonin Scalia, writing for the majority, ruled that “generally applicable religious-neutral criminal laws” do not violate the free exercise rights of individuals. Critics of the decision charged that the Court had effectively overturned a century of case law, including decisions in Wisconsin v. Yoder (1972) and Sherbert v. Verner (1963), which held that courts should use strict scrutiny to examine laws that restrict the religious acts of individuals. RFRA said courts have to use strict scrutiny when examining laws relating to religious freedom
Congress responded with the RFRA to mandate that the courts use strict scrutiny when examining laws that substantially affect religious freedom. In doing so, Congress relied upon its authority under the enforcement clause, section 5 of the Fourteenth Amendment, to protect the constitutional rights of individuals. Court limited RFRA, cited separation of powers
In Boerne, the courts examined a decision by the City of Boerne, Texas, to deny a Catholic church a permit to expand its building to accommodate its growing congregation. The church sued, contending that the decision violated its free exercise rights and relying upon the RFRA’s requirement of strict scrutiny to bolster its case.