Religious Freedom Restoration Act

The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488 (November 16, 1993), codified at 42 U.S.C.§ 2000bb through 42 U.S.C.§ 2000bb-4 (also known as RFRA, pronounced "rifra"), is a 1993 United States federal law that "ensures that interests in religious freedom are protected." The bill was introduced by Congressman Chuck Schumer on March 11, 1993. A companion bill was introduced in the Senate by Ted Kennedy the same day. A unanimous U.S. House and a nearly unanimous U.S. Senate—three senators voted against passage—passed the bill, and President Bill Clinton signed it into law.

The law was passed in response to the United States Supreme Court's 1990 decision in Employment Division v. Smith, which held that "neutral laws of general applicability" that burden the free exercise of religion do not violate the First Amendment to the United States Constitution. RFRA requires that strict scrutiny be applied to any law that burdens religious freedom, providing that such a law may be justified only if it is the least restrictive means of pursuing a compelling government interest.

While RFRA initially applied to both state and federal laws, the Supreme Court found its application to state governments unconstitutional in City of Boerne v. Flores (1997), which held that the RFRA is not a proper exercise of Congress's enforcement power. But it continues to apply to the federal government—for instance, in Gonzales v. O Centro Espírita Beneficente União do Vegetal (2006) and Burwell v. Hobby Lobby Stores, Inc. (2014). In response to City of Boerne v. Flores and other related RFR issues, 21 individual states have passed State Religious Freedom Restoration Acts that apply to state governments and local municipalities.