Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, July 2, 2014

"RFRA Worked in Hobby Lobby; What's Next?"

I have a piece on the Berkley Center's religious-freedom blog discussing Hobby Lobby's implications and the prospects for RFRAs in the future:

Finally, what will happen to RFRA and parallel religious freedom laws in 15 states? Already one hears calls for amending[*] the federal statute—although a White House source has disclaimed any interest in doing so, and the gridlocked Congress seems unlikely to act. Opponents may try to amend other federal laws to exclude RFRA from applying to them and to amend or even repeal RFRAs in blue states. Those attempts should be resisted. In an increasingly divided society, RFRAs provides a means for protecting dissenters from serious burdens while still allowing government to accomplish its important goals. The Hobby Lobby decision is controversial, but no less so than the decision to mandate contraceptive coverage in the first place. RFRA actually guided the Court toward a decision that can protect the interests of both sides. Let’s remember that in the coming months.

Other very worthwhile reads on the blog from Stanley Carlson-Thies, Kyle Duncan, Tom Farr, Jennifer Marshall, Steve Smith, and Chip Lupu and Bob Tuttle.

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[* I fixed a typo here; the blog will be corrected when it refreshes tomorrow.]

 

https://mirrorofjustice.blogs.com/mirrorofjustice/2014/07/rfra-worked-in-hobby-lobby-whats-next.html

Berg, Thomas | Permalink