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Home » Religious Freedom Restoration Act

Religious Freedom Restoration Act

Explainer: Supreme Court’s OSHA and HHS Vaccine Mandate Decisions

January 16, 2022 by Michael Peabody

Both the OSHA and HHS vaccine mandates provided for religious accommodation which would be enforced through the Religious Freedom Restoration Act. Without a Federal OSHA requirement, RFRA may only apply to HHS cases.

Filed Under: COVID-19, Free Exercise, Supreme Court Tagged With: HHS, OSHA, Religious Freedom Restoration Act

Supreme Court not likely to make individual FBI agents pay for allegedly violating Religious Freedom Restoration Act

October 13, 2020 by Michael Peabody

On October 6, 2020, the United States Supreme Court heard oral arguments in a case on the issue of whether individual FBI agents can be held financially liable if they are found to have violated the Religious Freedom Restoration Act.  The underlying case involves Muslim-Americans who alleged that individual FBI agents put them on the “no fly” list after they refused to act as informants against fellow Muslims in terrorism-related investigations.

Filed Under: Current Events, Supreme Court Tagged With: Employment Division v. Smith, FBI agent liability, monetary damages, Religious Freedom Restoration Act, RFRA, sovereign immunity, Tanvir, Tanzir

“I dissent!” A Survey of Justice Ruth Bader Ginsburg’s Religion Clause Jurisprudence

September 19, 2020 by Michael Peabody

Ruth Bader Ginsburg

Ginsburg wrote little on the religion clauses, but she frequently joined with those Justices who favored a strong separation of church and state. 

Filed Under: Church and State, Constitution, Current Events, Supreme Court Tagged With: Church and State, RBG, Religious Freedom Restoration Act, RFRA, Ruth Bader Ginsburg

Supreme Court to decide whether RFRA permits monetary damages against federal employees

December 3, 2019 by ReligiousLiberty.TV

The Supreme Court has agreed to decide whether the Religious Freedom Restoration Act (RFRA) permits lawsuits seeking money damages against individual federal employees.

Filed Under: Free Exercise, Supreme Court Tagged With: Religious Freedom Restoration Act, RFRA

Ryan Snow’s new book explores how Congress passed the federal Religious Freedom Restoration Act and why it matters

November 14, 2019 by ReligiousLiberty.TV

Ryan Snow: Religious Freedom What's All the Freedom About - Book cover

Attorney Ryan Snow has released a new book that is designed to bring non-lawyers up to date on the most important religious liberty debate facing America. Religious Freedom: What’s All the Freedom About recounts the history behind religious freedom laws, and includes an history of how Congress passed the Religious Freedom Restoration Act, or RFRA, in 1993 – a feat hardly imaginable today.  

Filed Under: Book, Free Exercise, History Tagged With: Janet Reno, Justice Scalia, Religious Freedom Restoration Act, RFRA

Kentucky Court: Hands On Originals case dismissed – LGBTQ+ rights organization lacks standing

November 4, 2019 by ReligiousLiberty.TV

The Kentucky Supreme Court has ruled that an organization that sued Hands On Originals (“Hands On”), a t-shirt print company, for discrimination lacked standing as an “individual” to pursue the claim.

Filed Under: Constitution, Current Events, Discrimination, Free Exercise Tagged With: Hands On Originals, Kentucky, Non-discrimination, Religious Freedom Restoration Act, standing, Supreme Court

Parties objecting to regulatory decision must follow administrative process

February 20, 2019 by Michael Peabody

This week the Supreme Court denied certiorari in a case where nuns filed their Religious Freedom Restoration Act (RFRA) case opposing a pipeline across their property in the wrong venue and ignored the required dispute resolution process.

Filed Under: Land Use, Religious Institutions, Supreme Court Tagged With: Land Use, Religious Freedom Restoration Act

U.S. Civil Rights Commission report gives free exercise of religion second-tier status

September 9, 2016 by Michael Peabody

In a stunning report, U.S. Commission on Civil Rights Chairman Martin Castro attacked the Religious Freedom Restoration Act at both the state and federal level, challenged the terms “religious liberty” and “religious liberty” as code for intolerance, and argued that free exercise rights should yield to other civil rights if they come into conflict.

Filed Under: Civil Rights, Constitution, Supreme Court Tagged With: Civil Rights, Religious Freedom Restoration Act, RFRA

Bill Would Limit Scope of Religious Freedom Restoration Act

June 2, 2016 by ReligiousLiberty.TV

Rep. Joseph Kennedy (D-Mass) and Rep. Bobby Scott (D-VA) have introduced HR 5272 to limit the scope of the Religious Freedom Act (RFRA) of 1993.

Filed Under: Legislation, RFRA Tagged With: Bobby Scott, Do No Harm Act, HR 5272, Joe Kennedy, Joseph Kennedy, Religious Freedom Restoration Act, religious liberty, RFRA

Supreme Court hears oral arguments in key contraception mandate case

March 23, 2016 by ReligiousLiberty.TV ReligiousLiberty.TV

This morning the eight-member United States Supreme Court heard the contraceptive mandate cases that were consolidated under the name Zubik v. Burwell (Docket Number 15-191). (See transcript.) They key issue in all the cases was religious employers who rejected the method of receiving the “religious employer exemption” to the Affordable Care Act (2010) which required group health plans and insurance issues to offer plans that provided “approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity.”

Filed Under: Current Events, Religious Institutions, Supreme Court Tagged With: ACA, affordable care act, Contraception mandate, ObamaCare, Religious Freedom Restoration Act, religious liberty, RFRA, transcript

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Geneva, Switzerland - December 03, 2019: World Health Organization (WHO / OMS) Headquarters - DepositPhotos.com

Biden admin could hand over US control of health emergencies to WHO next week

WASHINGTON, D.C. – The ultimate control over America’s health care and its national sovereignty will be put up for a vote next week at a meeting of the World Health Organization’s (WHO) governing legislative body, the World Health Assembly (WHA).  On May 22-28, 2022, the 75th World Health Assembly will convene at the United Nations […]

Statement on the Leak in Dobbs

The leak was intended to disrupt the processing of the decision and we are not going to dignify the leak or the unidentified leaker by analyzing it prematurely. As a constitutional republic we cannot go down that road without doing severe damage to the institution of the Supreme Court where there must be professional courtesy between the justices and their staffs.

Boston City Hall - photo from Supreme Court Opinion

Supreme Court rules 9-0 that Boston violated 1st Amendment in refusing Christian flag at City Hall

This morning the Supreme Court unanimously ruled in Shurtleff v. Boston (Dec’d 5/2/2022) that the city of Boston violated the free speech rights of a Christian group when it refused to allow them to participate in a city flag raising program.

Active Liberty - a survey of Justice Stephen Breyer's religion clause jurisprudence - Supreme Court

Active Liberty: A Survey of Justice Stephen Breyer’s Religion Clause Decisions

A comprehensive review of retiring Supreme Court Justice Stephen Breyer’s decisions in Free Exercise and Establishment Clause cases.

Canadian gov’t calculates that expansion of assisted suicide will save taxpayers millions of dollars

In Canada, it is easier for the disabled who do not suffer terminal illness to get approval for assisted suicide than approval for affordable housing. The government has calculated the cost of providing healthcare versus providing assisted suicide.

Random Quote

“For even if the whole world believed in resurrection, little would change until we began to practice it. We can believe in CPR, but people will remain dead until someone breathes new life into them. And we can tell the world that there is life after death, but the world really seems to be wondering if there is life before death.”

— Shane Claiborne

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