Religious Freedom Restoration Act

Acting in response to the U.S. Supreme Court's judgment in Employment Division, Department of Human Resources v. Smith (1990), Congress enacted the Religious Freedom Restoration Act (RFRA) in 1993 pursuant to the Necessary and Proper Clause in the federal Constitution. In Employment Division, the Court held that the Free Exercise Clause of the First Amendment would no longer be a defense to government statutes or regulations that were neutral and generally applicable. In light of the potential impact that the RFRA may have on religious colleges and universities, particularly with regards to zoning and land uses, this entry examines the act's key provisions along with cases interpreting its application in the event that such litigation should arise. This entry also reviews the Religious Land Use ...