Religious Freedom Restoration Act (RFRA)

In 1993, President Clinton signed into law the Religious Freedom Restoration Act, which created a statutory model for those with religious objections to laws of general applicability to avoid compliance based on religious objection. In 1997, the U.S. Supreme Court ruled in City of Boerne v. Flores that RFRA is not applicable to the states. Since then, 21 states have passed their own RFRA laws. A handful of state RFRAs differ from the federal RFRA and include language which allows religious freedom to be raised as a defense in lawsuits between private citizens.

Connecticut and Rhode Island became the first states to pass their own RFRAs in 1993.Both laws mirrored the federal version by not allowing religious freedom to be raised as a defense in lawsuits between private citizens.

In 1998, state RFRAs were enacted in Alabama, Illinois, and Florida. Like the states before them, Alabama and Illinois tracked the federal version. Florida, however, included language that would potentially allow religious freedom to be raised as a defense in lawsuits between private citizens.

The following year, Arizona, South Carolina, and Texas all passed their own versions of the RFRA. The law in South Carolina did not specify whether a claim or defense in a judicial proceeding had to be against the government, which would potentially allow for private citizens to file suit against other private citizens. The Texas RFRA allowed for a judicial proceeding regardless of whether the proceeding was brought in the name of the state or by any other person. However, the legislation included provisions to ensure that the RFRA couldn’t be misused to disregard civil rights protections against discrimination.

Idaho, New Mexico and Oklahoma all passed RFRA laws in 2000. Each piece of legislation mirrored the federal law by not allowing religious freedom to be raised as a defense in lawsuits between private citizens. Oklahoma included language specifying that the state did not authorize same-sex marriage or unions.

Pennsylvania and Missouri enacted RFRA laws in 2002 and 2003, respectively. Like Texas, the Missouri law included provisions to ensure civil rights protections against discrimination.

In 2007, Virginia enacted its own version of the RFRA. Tennessee followed suit shortly after in 2009. Neither law specified whether a claim or defense in a judicial proceeding had to be against the government. The following year, Louisiana became the next state to enact a RFRA. The Louisiana RFRA allowed for a judicial proceeding regardless of whether the proceeding was brought in the name of the state or by any other person.

Kansas and Kentucky were the next states to embrace RFRA legislation in 2013. Once again, neither law specified whether a claim or defense in a judicial proceeding had to be against the government. The following year, the Mississippi RFRA (which mirrored the federal RFRA) was enacted.

In 2015, Indiana and Arkansas faced criticism after passing their own versions of RFRA. Both laws included language allowing religious freedom to be raised as a defense in a lawsuit between private citizens. Indiana ultimately amended their law to include civil rights protections, while Arkansas scrapped their law and replaced it with a RFRA that tracks the federal version. (For a more detailed discussion of religious freedom legislation, click here.)

 

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