Support the Café

Search our Site

How to fix the Religious Freedom Restoration Act

How to fix the Religious Freedom Restoration Act

Michael C. Dorf thinks the Religious Freedom Restoration Act (the statute cited in the Hobby Lobby case) can be fixed. He writes in Verdict on

To be sure, with a Republican majority in the House of Representatives, and the possibility that Democrats could lose their majority in the Senate in the coming midterm elections, imminent action by Congress is highly unlikely. Nevertheless, at some point a legislative fix may be politically feasible; in the meantime, discussion of what was wrong with Hobby Lobby can inform the public and opinion leaders about how to fix RFRA when the opportunity arises.

In this column, I offer a menu of eight options, some of which could be accomplished in tandem with one or more of the others. No solution is perfect, but that is to be expected: the whole notion of religious accommodations begins from the fact that sometimes the public interest as expressed through the law conflicts with individual conscience. An accommodation, almost by definition, is a compromise between conflicting objectives.

Dorf writes in detail on all eight options (even the “do nothing” option, which he does not advocate).


Café Comments?

Our comment policy requires that you use your real first and last names and provide an email address (your email will not be published). Comments that use non-PG rated language, include personal attacks, that are not provable as fact or that we deem in any way to be counter to our mission of fostering respectful dialogue will not be posted.

Support the Café
Past Posts

The Episcopal Café seeks to be an independent voice, reporting and reflecting on the Episcopal Church and the Anglican tradition.  The Café is not a platform of advocacy, but it does aim to tell the story of the church from the perspective of Progressive Christianity.  Our collective sympathy, as the Café, lies with the project of widening the circle of inclusion within the church and empowering all the baptized for the role to which they have been called as followers of Christ.

The opinions expressed at the Café are those of individual contributors, and, unless otherwise noted, should not be interpreted as official statements of a parish, diocese or other organization. The art and articles that appear here remain the property of their creators.

All Content  © 2017 Episcopal Café