Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Employment Division Department of Human Resources of Oregon v. Smith (2)
- Religious Freedom Restoration Act of 1993 (2)
- Centrality test (1)
- Chuch and state (1)
- Compelling state interest test (1)
-
- Compulsion test (1)
- Constitution (1)
- Establishment Clause (1)
- Establishment clause (1)
- Federalism (1)
- Free Exercise Clause (1)
- Free exercise (1)
- Litigation (1)
- Scotus (1)
- Section 5 (1)
- Sherbert v. Verner (1)
- Substantial burden requirement (1)
- Supreme court of the united states (1)
- Thomas v. Review Board of the Indiana Employment Security Division (1)
- Wisconsin v. Yoder (1)
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Religion Law
Antidisestablishmentarianism: Why Rfra Really Was Unconstitutional, Jed Rubenfeld
Antidisestablishmentarianism: Why Rfra Really Was Unconstitutional, Jed Rubenfeld
Michigan Law Review
Two months ago, the Supreme Court struck down the Religious Freedom Restoration Act of 1993 (RFRA), handing down its most important church-state decision, and one of its most important federalism decisions, in fifty years. Through RFRA, Congress had prohibited any state actor from "substantially burden[ing] a person's exercise of religion" unless imposing that burden was the "least restrictive means" of furthering "a compelling governmental interest." RFRA was a response to Employment Division, Department of Human Resources of Oregon v. Smith, in which the Supreme Court abandoned the very same compelling interest test that RFRA mandated. Smith, overturning decades-old precedent, held …
Restoring Rights To Rites: The Religious Motivation Test And The Religious Freedom Restoration Act, Steven C. Seeger
Restoring Rights To Rites: The Religious Motivation Test And The Religious Freedom Restoration Act, Steven C. Seeger
Michigan Law Review
This Note argues that the religious motivation test best secures the religious liberty guaranteed by the Constitution and the RFRA. Part I examines the text and legislative history of the Act and establishes that Congress intended to protect religiously motivated practices. Part II argues that the free exercise case law prior to Smith, to which the RFRA explicitly appeals, did not require litigants to prove centrality or compulsion. Part III demonstrates that the religious motivation test protects the full spectrum of religious practices and religious groups, unlike the centrality test and the compulsion test. Part IV illustrates that the motivation …
Understanding The Establishment Clause: The Perspective Of Constitutional Litigation, Robert A. Sedler
Understanding The Establishment Clause: The Perspective Of Constitutional Litigation, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.