Legislation · 1993

Religious Freedom Restoration Act of 1993

Responding to Employment Division v. Smith (1990), in which the Supreme Court held that neutral, generally applicable laws need no special justification when they burden religious practice, Congress barred the government from substantially burdening a person’s exercise of religion unless the burden furthers a compelling governmental interest by the least restrictive means. The bill passed the House without dissent and the Senate 97–3, and President Bill Clinton signed it into law.

“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.”

November 16, 1993

Why it matters

In City of Boerne v. Flores (1997) the Supreme Court held that RFRA could not be applied to the states, but it still governs the federal government and was central to Burwell v. Hobby Lobby Stores (2014); many states have enacted their own versions.

Read the full text at govinfo.gov

Primary Source

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Subjects

religious liberty first amendment bipartisan supreme court

From the library

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