- 5 - Commissioner, 65 T.C. 68, 85 (1975), affd. without published opinion 559 F.2d 1207 (3d Cir. 1977). Petitioners argue that the requirements of Rule 24(a)(4) and Rule 200 conflict with their religious rights under RFRA, that these Rules are invalid, and that, therefore, this Court lacks jurisdiction. Congress enacted RFRA in response to Employment Div. v. Smith, 494 U.S. 872 (1990).2 In Smith, the Supreme Court held that valid neutral laws of general applicability do not violate a person’s religious rights even when the law is not supported by a compelling governmental interest. See id.; Adams v. Commissioner, 110 T.C. 137, 138 (1998), affd. 170 F.3d 173 (3d Cir. 1999). Prior to Smith, the Government had to demonstrate that the application of such laws to religious practices was “essential to accomplish an overriding Governmental interest” or represented “the least restrictive means of achieving some compelling state interest.” Employment Div. v. Smith, supra at 899 (O’Connor, J., concurring in judgment); see also Adams v. Commissioner, supra at 138. RFRA restores the compelling interest test used prior to Smith by prohibiting the Government from imposing a substantial burden on the free exercise of religion unless it demonstrates 2 In City of Boerne v. Flores, 521 U.S. 507, 536 (1997), the Supreme Court held that the Religious Freedom Restoration Act of 1993 (RFRA), Pub. L. 103-141, sec. 2, 107 Stat. 1488, currently codified at 42 U.S.C. secs. 2000bb to 2000bb-4 (1994), was unconstitutional as applied to State and local laws. Although neither party has raised the issue, we note that RFRA has since been upheld as constitutional as applied in the Federal realm. See Guam v. Guerrero, 290 F.3d 1210, 1221 (9th Cir. 2002).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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