City of Boerne v. Flores

1997

Venue: SCOTUS

Facts: Catholic diocise wants to enlarge a historic church. Blocked by zoning.

Posture: Suits under RFRA saying the denial blocks free exercise.

Issue: Is RFRA enforceable under the constitution?

Holding: No.

Rule: Legislation which alters the meaning of the Free Exercise Clause cannot be said to be enforcing the clause.

Reasoning: The act puts sort of a strict scrutiny-style test on anything that might impede free exercise, and tries to put things back to pre-Employment Division v. Smith days. Congress doesn't have the power to decree the meaning of 14A § 5; if it did, then the Constitution would no longer be superior paramount law.

Dicta: