Hobby Lobby and RFRA Elements

So let’s break RFRA down into its component parts and try to figure out how it works in any particular case:

1.     “Person’s exercise of religion”—the law protects a “person’s” exercise of religion.

2.     The law is triggered whenever Government “substantially burdens” a person’s exercise of religion.

3.     If a law, such as Obamacare, imposes a substantial burden on a person’s religion, it will be struck down unless the Government demonstrates that the law’s application to the person asserting religious liberty is “the least restrictive means “of “furthering a compelling governmental interest.”

Notice this is a balancing test weighted heavily against the government and against the law burdening religious freedom.