The Religious Freedom Restoration Act Formula Comes Full Circle in Florida
Posted: Mon Jun 20, 2022 2:50 pm
"The Congregation L’Dor Va-Dor, a Jewish synagogue in Florida, has sued the state saying that Florida’s new restrictive abortion laws violate their religious faith. As a matter of faith, they reject the notion that life begins at conception and further believe that the pregnant person’s health and life matter. To be sure, the Satanic Temple has filed similar cases in particularly restrictive states over the last decade, but mainstream religions have been sitting on the sidelines as restrictions in a number of states have become increasingly inconsistent with their faiths.
L’Dor Va-Dor’s legal theory is that the Florida Religious Freedom Restoration Act (“RFRA”) gives them the right to challenge state laws that substantially burden their faith. They are absolutely correct: a RFRA hands the believer the power to invalidate a law that burdens their religious beliefs, and that includes abortion laws. Their argument has heft in that a state law that affirmatively prevents medical treatment to save the life or health of a pregnant person is surely a substantial burden on their belief in the right of the pregnant to live.
I am actually surprised it took this long for a mainstream religious organization to file such a suit. The theory has been available since the RFRA of 1993 was signed into law. True, it was then unavailable starting in 1997 after the Supreme Court held RFRA unconstitutional in Boerne v. Flores, but when the Democrats blinked and let the RFRA of 2000 pass–and the Rutherford Institute fanned out to the 50 states to enact state RFRAs–the religious liberty weapons they needed to fight for their beliefs about abortion were available."
https://verdict.justia.com/2022/06/20/t ... in-florida
Very intriguing read.
L’Dor Va-Dor’s legal theory is that the Florida Religious Freedom Restoration Act (“RFRA”) gives them the right to challenge state laws that substantially burden their faith. They are absolutely correct: a RFRA hands the believer the power to invalidate a law that burdens their religious beliefs, and that includes abortion laws. Their argument has heft in that a state law that affirmatively prevents medical treatment to save the life or health of a pregnant person is surely a substantial burden on their belief in the right of the pregnant to live.
I am actually surprised it took this long for a mainstream religious organization to file such a suit. The theory has been available since the RFRA of 1993 was signed into law. True, it was then unavailable starting in 1997 after the Supreme Court held RFRA unconstitutional in Boerne v. Flores, but when the Democrats blinked and let the RFRA of 2000 pass–and the Rutherford Institute fanned out to the 50 states to enact state RFRAs–the religious liberty weapons they needed to fight for their beliefs about abortion were available."
https://verdict.justia.com/2022/06/20/t ... in-florida
Very intriguing read.