Religious Freedom Restoration Statutes and Legal Precedent

Based on U.S. Supreme Court precedent, the U.S. Constitution’s Free Exercise Clause does not limit the ability of the federal government to pass neutral laws that apply to everyone regardless of their religion, even if they incidentally burden religious exercise. The Court has noted that to do otherwise would allow individual religious belief to supersede the laws of the land, resulting in an unworkable society where laws could not be applied evenly.

Despite this warning, Congress passed the federal Religious Freedom Restoration Act (RFRA) in 1993, and 28 states have since passed their own version of this law. RFRAs require the government to meet a rigid legal test called “strict scrutiny” when they take any action that burdens religious expression. The state must demonstrate that the government interest is compelling and that the least restrictive means is used to achieve that interest.

Moreover, some state supreme courts have interpreted their state constitution to require strict scrutiny analysis whenever religious exercise is burdened, similar to a RFRA but even in the absence of such a statute.