Rejecting Both Smith and RFRA

2021-11-102021-11-102011Arnold H. Loewy, Rejecting Both Smith and RFRA, 44 Tex. Tech L. Rev. 231 (2011-2012)https://hdl.handle.net/2346/88253Aims 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.engFree exercise of religionEmployment Division v. SmithReligious Freedom Restoration Act (RFRA)Religious Land Use and Institutionalized Person's Act (RLUIPA)Free Exercise ClauseReligious discriminationConstitutional defensesSherbert v. VernerState interest testRejecting Both Smith and RFRAArticle