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Religious Freedom Restoration Act - Research Paper

Religious Freedom Restoration Act



In this paper I will describe the .
This Act was used to contradict the decision of the court case of Employment
Division v. Smith, which allowed the government to forbid any religious act
without giving a reason. The RFRA brought back the requirement that the
government provide an adequate reason to forbid any religious act. The
government once again had to show that the act was of compelling interest
against the state.

In 1993 one of the most important acts that has gone thorough Congress
was passed (Religious Freedom, Map of the RFRA). This was the Religious Freedom
Restoration Act (RFRA) of 1993 (Religious Freedom, Map of the RFRA). This act
was passed to answer the 1990 court ...

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the
incidental effect of a generally applicable and otherwise valid provision, the
First Amendment was not offended.� (Questions and Answers, Map of the RFRA).
Thus,

"...the government no longer had to justify most burdens on religious exercise.
The free exercise clause offered protection only if a particular religious
practice was singled out for discriminatory treatment. In short, free exercise
was a sub category of equal protection. This placed religious rights in an
inferior position to other First Amendment rights such as freedom of speech and
press." (Questions and Answers, Map of the RFRA).

This court case caused a series of court cases about religious freedoms
(Religious Freedom, Map of the RFRA). Congress enacted the RFRA to contradict
the negative affect that court cases had recently had on religious
freedoms(Religious Freedom, Map of the RFRA).

The RFRA is what it states it is in the title, a restoration
act(Religious Freedom, Map of the RFRA). Congress decided ...

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that there is a
compelling state interest, that a particular law, rule, decision or action
actually furthers that compelling state interest, if there is a compelling state
interest and this action furthers it, then the government must use the least
restrictive means of furthering that compelling governmental interest. Notice
that the burden is on the government; the government cannot simply state that it
has a compelling interest but it must also demonstrate each of the three
requirements above. This section also states that this Act provides a cause of
action or a defense for any person whose religious exercise has been burdened,
and provides for legal fees. It is important to note that ...

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Religious Freedom Restoration Act. (2004, May 18). Retrieved November 28, 2024, from http://www.essayworld.com/essays/Religious-Freedom-Restoration-Act/8022
"Religious Freedom Restoration Act." Essayworld.com. Essayworld.com, 18 May. 2004. Web. 28 Nov. 2024. <http://www.essayworld.com/essays/Religious-Freedom-Restoration-Act/8022>
"Religious Freedom Restoration Act." Essayworld.com. May 18, 2004. Accessed November 28, 2024. http://www.essayworld.com/essays/Religious-Freedom-Restoration-Act/8022.
"Religious Freedom Restoration Act." Essayworld.com. May 18, 2004. Accessed November 28, 2024. http://www.essayworld.com/essays/Religious-Freedom-Restoration-Act/8022.
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PAPER DETAILS
Added: 5/18/2004 09:56:01 AM
Category: Government
Type: Free Paper
Words: 1872
Pages: 7

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