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  • Michael J. Broyde (a1)
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Abstract
Copyright
References
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1 Reynolds v. United States, 98 U.S. (8 Otto.) 145 (1878).

2 The Religious Freedom Restoration Act of 1993 (RFRA), Pub. L. No. 103–141, 107 Stat. 1488 (1993) (codified at 42 U.S.C. § 2000bb through 42 U.S.C. § 2000bb-4).

3 Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990).

4 Church of the Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520 (1993). Of course, there is an obvious tension here that has been widely discussed but is worthy of further analysis about when is a fact pattern really a Smith case and when is it really a Lukumi problem. Consider the recent Second Circuit case of Central Rabbinical Congress of the United States & Canada v. New York City Department of Health & Mental Hygiene, 736 F.3d 183 (2d Cir. 2015), as just one example.

5 RFRA was held unconstitutional as applied to the States in City of Boerne v. Flores, 521 U.S. 507 (1997), but is still the law governing the US government itself. Congress also passed the Religious Land Use and Institutionalized Persons Act (RLUIPA), Pub. L. 106–274, 114 Stat. 803 (codified at 42 U.S.C. § 2000cc).

6 42 U.S.C. § 2000bb-1(a) (2012).

7 Holt v. Hobbs, 135 S. Ct. 853 (2015).

8 Ibid., 867.

9 Burwell v. Hobby Lobby, 134 S. Ct. 2751 (2014).

10 “Nothing in Ontario law prevents people from turning to a religious official or someone knowledgeable in the principles of their religion to help them resolve their family dispute. However, if that person made a decision based on religious principles, the decision would not be a valid family arbitration award under the law. Both spouses could comply with the decision voluntarily, but the decision would not be enforceable if one of the people involved took it to court. The court may only enforce awards made in arbitrations conducted exclusively under Canadian law.” Ministry of the Attorney General, Province of Ontario, Faith-based (Religious) Family Arbitration, http://www.attorneygeneral.jus.gov.on.ca/english/family/arbitration/faith-based.asp.

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Journal of Law and Religion
  • ISSN: 0748-0814
  • EISSN: 2163-3088
  • URL: /core/journals/journal-of-law-and-religion
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