Does Massachusetts have a version of the RFRA, as many states do? If so,
how would they go about getting an exemption in the case of the gay
adoptions? Or could they invoke the Federal RFRA?
Ed Brayton
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To: Religionlaw list
Subject: Massachusetts RFRA?
Does Massachusetts have a version of the RFRA, as many states do? If so,
how would they go
Douglas Laycock wrote:
Massachusetts has no RFRA and is not subject to federal RFRA. But it has two
decisions of the Supreme Judicial Court interpreting the state free exercise
clause in ways closer to Sherbert-Yoder than to Smith-Lukumi
Thanks Doug. I had found one such decision since I
Title: Re: Massachusetts RFRA?
Yes. Recall that
Boerne held federal RFRA unconstitutional as applied to states.
RLUIPA in 2000 amended RFRA to delete all references to states, leaving it
explicitly applicable only to the feds and federal territories.
Douglas Laycock
University of Texas
