What is THE RELIGIOUS FREEDOM RESTORATION ACT?

Question

what is it?
Is it still in affect?
why is it unconstitutional?
What do you think about the act?

Answer 1

Essentially -- it sets a high standard for evaluating federal laws (only federal -- it was partially stuck down as unconstitutional when applied to state laws).

Basically, federal laws which affect religious activity are no longer treated neutrally -- rather, when otherwise neutral laws would restrict a religious activity -- the govt must establish that the application to the religious group is absolutely necessary -- otherwise the religious group gets an automatic exemption.

It's arguably unconstitutional -- though it has been upheld as valid by the Supreme Court -- because it treats religious expression different from all other 1st Amendment expression -- meaning that religion gets special treatment compared to all other activities -- even all other activities protected by the same 1st Amendment.

Personally -- I don't have a problem with it -- because it limits the govts ability to regulate religion -- but I'd see it expanded to include all 1st Amendment activities.