Rejecting Both Smith and RFRA
Date
2011
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract
Aims to answer the following questions: (1) Should free exercise of religion ever be a defense to an otherwise valid criminal statute?, and (2) Did Smith get it right? Provides a detailed explanation as for why the is yes to the first question and, unsurprisingly, no to the second.
Description
Keywords
Free exercise of religion, Employment Division v. Smith, Religious Freedom Restoration Act (RFRA), Religious Land Use and Institutionalized Person's Act (RLUIPA), Free Exercise Clause, Religious discrimination, Constitutional defenses, Sherbert v. Verner, State interest test
Citation
Arnold H. Loewy, Rejecting Both Smith and RFRA, 44 Tex. Tech L. Rev. 231 (2011-2012)