Religious Freedom Restoration Act

Overview​

The Religious Freedom Reformation Act (RFRA), passed in 1993 by an overwhelming bipartisan majority in Congress and signed by President Clinton, enforces the First Amendment’s protection of religious freedom from government interference.

The law provides for tests to determine whether or not to allow a government action that substantially burdens someone’s religious freedom:

1. The government must have a compelling interest at stake.
2. Even with a compelling interest, the government must pursue the least restrictive way to accomplish its goal. 

RFRA has played a key role in a number of religious freedom cases, including Burwell v. Hobby Lobby, in which the U.S. Supreme Court applied the law to protect a family business from being forced to participate in an Obamacare contraceptives mandate that violated their conscience rights. 

More Resources

• The Religious Freedom Restoration Act: History, Status, and Threats – Heritage
• What is RFRA? – Becket
• 5 facts about RFRA – Ethics and Religious Liberty Commission
• How RFRA Fosters Peaceful Pluralism – Heritage Foundation
• What is RFRA? – Home School Legal Defense Association
• How RFRA Benefits All – Christian Legal Society
• The Equality Act vs. RFRA – Breakpoint podcast