Constitutional Law Keyed to Stone
City of Boerne v. Flores
Congress enacted the RFRA pursuant to section five of the Fourteenth Amendment of the Constitution, under which Congress may pass appropriate legislation in order to “enforce the provisions of this article.” The RFRA provided that no government may substantially burden a person’s exercise of religion even if that burden results from generally applicable legislation, unless the government can demonstrate (1) a compelling state interest and (2) that the least restrictive means was used to further that interest. The statute applied to both federal and state government. A church was denied a building permit by a local zoning authority and challenged the denial under the RFRA., whereupon the authority of Congress to enact RFRA was brought into question.
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