[19990121]97-795_宗教自由恢复法案：其兴起、衰落和现状.pdf

521 U.S. _, 117 S.Ct. 2157 (1997).1494 U.S. 872 (1990).2Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS Web97-795 AUpdated January 21, 1999The Religious Freedom Restoration Act:Its Rise, Fall, and Current Status(name redacted)Legislative AttorneyAmerican Law DivisionSummaryIn City of Boerne, Texas v. Flores the Supreme Court on June 25, 1997, held the1Religious Freedom Restoration Act (RFRA) to be unconstitutional as applied to thestates. Congress enacted RFRA in 1993 in response to an earlier Supreme Courtdecision Employment Division, Oregon Department of Human Resources v. Smith2 which had construed the free exercise clause of the First Amendment to prohibit onlygovernment action which intentionally burdens the exercise of religion. In RFRACongress sought to broaden the legal protection afforded religious exercise byprohibiting government action that has the effect of substantially burdening religiouspractice as well. But in Boerne the Court held that Congress lacks the power under 5 of the Fourteenth Amendment to apply RFRA to the states.The Clinton Administration maintains that RFRA continues to be valid for thefederal gover