scholarly journals How to Apply the Religious Freedom Restoration Act to Federal Law without Violating the Constitution

2001 ◽  
Vol 99 (8) ◽  
pp. 1903
Author(s):  
Gregory P. Magarian
Keyword(s):  
Religious Freedom ◽  
Federal Law ◽  
Religious Freedom Restoration Act

Insubstantial Burdens

2018 ◽  
Author(s):  
Kevin Vallier ◽  
Michael Weber
Keyword(s):  
Religious Belief ◽  
Religious Beliefs ◽  
Religious Freedom ◽  
Religious Freedom Restoration Act ◽  
The Government ◽  
A Minor

This chapter articulates and defends a “partially subjectivist” way of defining burdens on religious belief under the Religious Freedom Restoration Act (RFRA). On this view, courts should largely defer to plaintiffs as to what is a burden on their religious belief. There is only a minor requirement that the plaintiffs have to satisfy, which is to show that the government is doing something that pressures them to act in a way contrary to their beliefs—a relatively easy hurdle to clear. In general, courts are ill-equipped to determine what people’s religious beliefs really are, and this extends to determining when those beliefs are substantially burdened. More strongly, there is a tradition that says evaluating when people’s religious beliefs are burdened is really none of the court’s business. The partially subjectivist view honors these principles.

The Religious Freedom Restoration Act: A Legislative History

1993 ◽  
Vol 10 (2) ◽  
pp. 531 ◽  
Author(s):  
Robert F. Drinan ◽  
Jennifer I. Huffman
Keyword(s):  
Religious Freedom ◽  
Legislative History ◽  
Religious Freedom Restoration Act
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