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Fixing Free Exercise: A Compelling Need to Relieve the Current Burdens

By Alliance Alert

Using the dispute between the native tribes of northern Arizona and the federal government over the development of the Peaks, this article will demonstrate how the Supreme Court's decision in Smith, as well as the subsequent activities of courts and legislative bodies, has disrupted well-settled law and has created a quagmire of confusion related to religious freedom. The Supreme Court will likely have an opportunity to fix this legal disaster as the current Peaks lawsuit progresses through the court system to an inevitable writ of certiorari. As it faces this particular suit, the Court can and should overrule Smith, declare RFRA unconstitutional, and restore the proper test for the analysis of the First Amendment's Free Exercise Clause.

Full post as published by Constitutionally Correct on January 22, 2009 (boomark / email).