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The Religious Freedom Restoration Act: How it Reshaped Religious Liberty and State Law

A federal law designed to protect religious practice from government burdens, RFRA significantly altered the legal standard for religious freedom claims.

By Garret Merkley · Explainer · Jun 3, 2026
Branched from Religious Liberty Versus State Authority: What Early Mormonism Teaches About American Church-State Conflict
Quick take
  • The Religious Freedom Restoration Act (RFRA) is a 1993 federal law protecting religious exercise from government burdens.
  • It aimed to restore a 'strict scrutiny' standard, requiring a compelling government interest and least restrictive means for federal actions substantially burdening religion.
  • RFRA was enacted in response to the Supreme Court's *Employment Division v. Smith* ruling, which lowered the legal bar for government actions affecting religious practice.
  • While RFRA applies only to the federal government, many states have passed their own versions to address state and local actions.

The Religious Freedom Restoration Act (RFRA), enacted in 1993, is a federal law that aims to protect the exercise of religion from government interference. It establishes a high legal standard that the federal government must meet before it can substantially burden a person's religious practice.

The Legal Landscape Before RFRA: *Employment Division v. Smith*

Before RFRA, the standard for religious freedom claims was significantly altered by the 1990 Supreme Court case *Employment Division v. Smith*. In *Smith*, the Court ruled that if a law is neutral (meaning it doesn't target religion specifically) and generally applicable (meaning it applies to everyone), then it doesn't violate the Free Exercise Clause of the First Amendment, even if it incidentally burdens someone's religious practice. This meant that individuals seeking religious exemptions from such laws faced a much higher hurdle, as the government no longer had to show a compelling reason for applying the law to them.

RFRA's Core Mechanism: Reinstating Strict Scrutiny

Congress passed RFRA in direct response to the *Smith* decision, intending to restore the legal standard that existed before the ruling. RFRA mandates that the federal government "shall not substantially burden a person's exercise of religion" unless it can demonstrate that applying the burden:
1. "is in furtherance of a compelling governmental interest" (a very important reason).
2. "is the least restrictive means of furthering that compelling governmental interest" (meaning there's no other way to achieve the goal that would burden religion less).
This legal test is known as "strict scrutiny," the highest level of judicial review in U.S. law. It places a significant burden on the government to justify any law or action that limits religious freedom.

The Reach and Limits of RFRA

RFRA applies specifically to the *federal* government. While many states subsequently passed their own "mini-RFRAs" to apply a similar standard to state and local governments, the Supreme Court ruled in *City of Boerne v. Flores* (1997) that Congress exceeded its authority by attempting to apply the federal RFRA to states. Therefore, the original federal RFRA only protects individuals and organizations from federal government actions. Its impact has been felt across various domains, from land use permits to healthcare mandates, shifting the balance of power in favor of religious objectors when facing federal regulations.

RFRA matters because it fundamentally changed how religious liberty claims are evaluated against federal law. It empowered individuals and religious organizations by requiring the federal government to meet a high bar before it can compel actions that conflict with sincerely held religious beliefs. This has led to numerous legal challenges and significant Supreme Court decisions, such as *Burwell v. Hobby Lobby Stores, Inc.* (2014), where the Court applied RFRA to exempt a closely held for-profit corporation from the Affordable Care Act's contraceptive mandate. RFRA continues to be a crucial tool for protecting religious freedom, ensuring that government actions impacting religious practice are carefully scrutinized.

Does RFRA apply to state and local governments?
The federal RFRA applies only to the federal government. After the Supreme Court ruled that Congress couldn't apply RFRA to the states, many states passed their own versions, often called "state RFRAs," to provide similar protections against state and local government actions.
What does "strict scrutiny" mean in this context?
Strict scrutiny is the highest legal standard. For a government action to pass strict scrutiny under RFRA, the government must prove two things: first, that it has a "compelling governmental interest" (a truly vital reason) for its action, and second, that the action is the "least restrictive means" of achieving that interest, meaning there's no other way that would burden religious practice less.
Did RFRA create new religious rights?
No, RFRA did not create new religious rights. Instead, it was designed to restore and strengthen the legal protections for existing religious freedom rights, particularly those guaranteed by the First Amendment's Free Exercise Clause, by requiring a higher standard of justification from the government when it burdens religious practice.
What was the significance of the *Hobby Lobby* case regarding RFRA?
The *Burwell v. Hobby Lobby Stores, Inc.* case was significant because the Supreme Court applied RFRA to a private, for-profit corporation, ruling that requiring it to provide contraceptive coverage under the Affordable Care Act substantially burdened its owners' religious beliefs and was not the least restrictive means for the government to achieve its interest. This expanded the understanding of who could claim RFRA protections.
Explore further
Understanding the Free Exercise Clause of the First AmendmentThe Impact of *Employment Division v. Smith* on Religious LibertyExploring State Religious Freedom Restoration Acts (RFRAs)The Strict Scrutiny Standard in U.S. Constitutional LawKey Supreme Court Cases Interpreting the Religious Freedom Restoration Act

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