Quiz 105 How does RFRA define "Government"?

A lot of times in life we just generically refer to certain things.  But sometimes it is important to stop and ask: What specifically is the definition of that particular thing?  That concept applies to religion law related matters.  Frequently we talk about the “government” what exactly does that mean?  More specifically, how does the Religious Freedom Restoration Act (“RFRA”) define “government”? 

 

(Scroll down for the answer)

 

Answer: You’ll see the definition highlighted in yellow below from the following citation from the Supreme Court. 

 

RFRA secures Congress’ view of the right to free exercise under the First Amendment, and it provides a remedy to redress violations of that right. Congress passed the Act in the wake of this Court's decision in Employment Div., Dept. of Human Resources of Ore. v. Smith, 494 U.S. 872, 885–890, 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990), which held that the First Amendment tolerates neutral, generally applicable laws that burden or prohibit religious acts even when the laws are unsupported by a narrowly tailored, compelling governmental interest. See § 2000bb(a). RFRA sought to counter the effect of that holding and restore the pre-Smith “compelling interest test” by “provid[ing] a claim ... to persons whose religious exercise is substantially burdened by government.” §§ 2000bb(b)(1)–(2). That right of action enables a person to “obtain appropriate relief against a government.” § 2000bb–1(c). A “ ‘government’ ” is defined to include “a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States.” § 2000bb–2(1).

Tanzin v. Tanvir, 141 S. Ct. 486, 489, 208 L. Ed. 2d 295 (2020). 

Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.

HERE IS AN AI GENERATED SUMMARY OF TODAY’S PODCAST

Welcome to another enlightening episode of the Religion Law Podcast. In this episode, we delve into understanding religious freedom and various religion law-related matters through a thought-provoking and succinct question-and-answer session.

Your host, Michael Fielding, presents to you Religion Law Quiz number 105. Throughout our lives, we often casually refer to specific terms without really understanding their precise definitions. Today, we delve into a widely used term in religion law-related matters: 'Government.' Have you ever wondered how the Religious Freedom Restoration Act (RFRA) defines government? Let's find out together!

The episode navigates the Supreme Court's interpretation in the 2020 Tansin v. Tanvir decision, discussing how RFRA safeguards the right to free religious exercise under the First Amendment and provides remedies for violations of this right. Understanding what 'Government' encompasses according to RFRA involves not just the federal government, but branches, departments, agencies, instrumentalities, and an official person acting under U.S. law.

One crucial feature to remember is the limited jurisdiction of RFRA - it only applies to the federal government and does not extend to state and local governments. Several states, however, have enacted their own RFRA laws.

This short yet profound discussion enhances our understanding of Government under RFRA, paving a clear legal path through the intricate world of religion law. Remember, these quizzes aim solely to educate. Please tune in for more insightful discussions, share the episode if you find it helpful, and leave a review. Keep influencing for good!

Episode Transcript

(00:01):
Welcome to another episode of the Religion Law Podcast, where you learn about
religious freedom and other religion law-related topics through a short question-and-answer format.
I'm your host, Michael Fielding.
Let's see how you do on today's quiz.
Welcome to Religion Law Quiz number 105.

(00:25):
We're going to keep today's quiz kind of short. A lot of times in life,
we just generically refer to certain things, but sometimes it is important to
stop and ask what specifically is the definition of that particular thing.
Now, that concept applies to religion, law-related matters, and frequently we talk about government.

(00:46):
But what does that mean when we use the term government? And more importantly,
how does the Religious Freedom Restoration Act define government?
What do you think? What encompasses government?
Is it just the federal government? Is it something more? Is it something less?
What do you think? Well, here's what the Supreme Court said in its 2020 Tansin v.

(01:08):
Tanvir decision. I'll have the citation in the show notes.
Quote, Riffer secures Congress's view of the right to.
Free exercise under the First Amendment, and it provides a remedy to redress
violations of that right.
Congress passed the act in the wake of this court's decision in Employment Division,
Department of Human Resources of Oregon v.

(01:29):
Smith, which held that the First Amendment tolerates neutral,
generally applicable laws that burden or prohibit religious acts.
Even when the laws are unsupported by a narrowly tailored, compelling government interest.
RFRA sought to counter the effect of that holding and restore the pre-Smith
compelling interest test by providing a claim to persons whose religious exercise

(01:51):
is substantially burdened by government.
The right of action enables a person to obtain appropriate relief against a government.
A government is defined to include a branch, department, agency,
instrumentality, and official person acting under color of law of the United States.

(02:12):
Close quote. All right, so that last sentence there is the definition.
Government under RFRA is defined as including a branch, department,
agency, instrumentality, and official or other person acting color of law of the United States.
So you can see that that's pretty broadly defined.
What's important to understand is that RFRA only applies to the federal government.

(02:36):
It does not apply to state and local governments.
Now, there are several states, but not all, that have enacted their own RFRA
statute on a state law basis.
And so if you were asking this question on a local level, you would need to
go to the applicable state law and see what it says.

(02:57):
All right, that does it for today's quiz. Kind of short. Hopefully this is helpful.
Thank you for listening to today's episode.
Remember, religion law quizzes are for educational purposes only and are not
intended to delight upon as legal advice.
If you have found this episode to be helpful, please share it and leave a review.

(03:18):
Until we meet again, keep being an influence for good.
Music.