Religious Freedom Restoration Act (RFRA)

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In 1993, The Federal Religious Freedom Restoration Act (RFRA) was unanimously passed in the U.S. House and almost unanimously passed in the Senate. It was signed into law by President Bill Clinton.

RFRA Text:

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.