This Note examines the current state of the law that seemingly allows individuals to harm and discriminate against others on the basis of their protected religious beliefs. This Note also explores how such a result has been made possible and how it may be stymied by judicial and legislative action. Section II discusses a short history of the First Amendment’s Free Exercise Clause leading up to Religious Freedom Restoration Acts, and also includes an examination of both the real and possible harmful effects of RFRAs, current reactions to the application of these laws domestically, and interesting parallels internationally. Section III sets forth an argument that certain forms of harmful conduct, by nature of RFRAs’ plain language or by explicit legislative enactment, can be excluded from RFRAs’ application. Section III also argues that the government violates the Establishment Clause of the Constitution when it adjudicates religiously motivated discrimination between private parties.
Tipped Scales: A Look at the Ever-Growing Imbalance of Power Protecting Religiously Motivated Conduct, Why That's Bad, and How to Stop It,
66 Clev. St. L. Rev.
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol66/iss4/7