Written by Don ByrdA constitutional amendment proposed in the Wisconsin legislature would add Religious Freedom Restoration Act (RFRA) language to the state’s religious freedom guarantees. RFRAs have been enacted in several states to require the government to demonstrate a compelling interest to justify any substantial burden on religious exercise. The proposed amendment in Wisconsin, however, does not require the burden to be substantial.
Written by Don ByrdSitting en banc, the 10th Circuit Court of Appeals yesterday ruled in favor of Hobby Lobby, ordering the lower court to consider an injunction barring the government from enforcing the contraception mandate pending the outcome of their lawsuit challenging its constitutionality. Back in December, a panel of the 10th Circuit rejected Hobby Lobby’s request for an injunction after finding the corporation unlikely to succeed in its religious freedom claims. Yesterday’s ruling of the entire appeals court overturns that decision.
Written by Don ByrdI posted earlier about the Arizona bill making its way through the legislature that would broaden the free exercise protections in the state’s Religious Freedom Restoration Act. Among other changes, the bill would allow plaintiffs to bring suit for “potential violations.”
Here’s a quick update: yesterday the Senate passed the measure “with little debate” and sent it to the Governor for her signature. While proponents argue the change is not substantive, others are concerned about the unknown.
Written by Don ByrdArizona’s Religious Freedom Restoration Act (RFRA) has been law for several years. The state’s RFRA echoes the federal bill of the same name, requiring the government to demonstrate a compelling state interest to justify substantial burdens on religious exercise. Some lawmakers in Arizona have decided that high standard of scrutiny does not go far enough in protecting free exercise. SB 1178 as passed by the House alters the definitions to many important words and phrases in RFRA.
By K. Hollyn Hollman, BJC General Counsel
While it is not surprising that RFRA — like religious liberty in general — is more popular in principle than in its specific applications, research suggests that even among states that have enacted some version of RFRA, there has been scant litigation testing the statutes’ application to various types of claims.
From the April 2013 Report from the Capital
