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The Insatiable Demand for Extreme Religious Liberty Under the RFRAs, Part II

Justia columnist and Cardozo law professor Marci Hamilton continues her series of columns regarding Religious Freedom Restoration Acts (RFRAs). Here, in her most recent column, Hamilton addresses the argument that RFRAs should be extended to suits between private parties. This issue has surfaced primarily in the states, Hamilton notes, where purportedly rampant fear by bakers and florists of having to deal with same-sex couples has led to proposals to give businesses a RFRA defense that could be invoked against potential customers. The most controversial such bill was eventually vetoed by Arizona’s Governor Brewer; that bill would have permitted private businesses to raise the state RFRA as a defense in lawsuits by customers whom they have turned away. Continue reading →