Religious Freedom in Private Lawsuits: Untangling When RFRA Applies to Suits Involving Only Private Parties

Authors

Sara Lunsford Kohen, United States Court of Appeals for the Eighth Circuit

Abstract

The article argues that the Religious Freedom Restoration Act (RFRA) should apply to private suits involving government action, proposing a framework where RFRA creates a claim against private defendants acting under federal law and serves as a defense when religious freedom is substantially burdened. It advocates for a state actor analysis to determine liability, ensuring religious freedom is protected while balancing public interests.

Disciplines

Civil Rights and Discrimination | First Amendment | Law

Recommended Citation

Sara L. Kohen, Religious Freedom in Private Lawsuits: Untangling When RFRA Applies to Suits Involving Only Private Parties, 10 Cardozo Pub. L. Pol’y & Ethics J. 43 (2011).
Available at: https://larc.cardozo.yu.edu/cplpej/vol10/iss1/4