Page "Religious Freedom Restoration Act" Paragraph 1

This law reinstated the Sherbert Test, which was set forth by Sherbert v. Verner, and Wisconsin v. Yoder, mandating that strict scrutiny be used when determining if the Free Exercise Clause of the First Amendment to the United States Constitution, guaranteeing religious freedom, has been violated.

In the Religious Freedom Restoration Act, Congress states in its findings that a religiously neutral law can burden a religion just as much as one that was intended to interfere with religion ; therefore the Act states that the “ Government shall not substantially burden a person ’ s exercise of religion even if the burden results from a rule of general applicability .” The law provided an exception if two conditions are both met.

First, if the burden is necessary for the “ furtherance of a compelling government interest .” Under strict scrutiny, a government interest is compelling when it is more than routine and does more than simply improve government efficiency.

A compelling interest relates directly with core constitutional issues.

The second condition is that the rule must be the least restrictive way in which to further the government interest.

The law, in conjunction with President Bill Clinton's Executive Order in 1996, provided more security for sacred sites for Native American religious rites.