Practical Law Glossary Item w-020-4416 (Approx. 3 pages)
Glossary
Religious Freedom Restoration Act of 1993 (RFRA)
A federal law that prohibits the government from taking action that substantially burdens an individual's exercise of religion, even if the burden results from a rule of general applicability, unless the action:
Serves a compelling governmental interest.
Is the least restrictive means of furthering that interest.
Congress enacted RFRA in response to a US Supreme Court decision (Employment Div. v. Smith, 494 U.S. 872 (1990)), which overruled a then-existing approach to analyzing Free Exercise Clause claims. In City of Boerne v. Flores, the Supreme Court held that RFRA, as applied to the states, was unconstitutional (521 U.S. 507 (1997)). However, Flores did not address the validity of the RFRA as it applies to the federal government. As a result, RFRA claims may still be brought against the federal government.
RFRA claims involve a two-step burden-shifting analysis. First, a claimant must show that complying with a generally applicable law would substantially burden the individual's religious exercise. If this showing is made, the government must then establish that applying the law to the burdened individual is the least restrictive means of furthering a compelling government interest.