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City of Boerne v. Flores: A Landmark For Structural Analysis
Marci A. Hamilton
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Abstract
As the representative of the City of Boerne, Texas in City of Boerne v. Flores, 1 the Supreme Court case invalidating the Religious Freedom Restoration Act of 1993 (RFRA or the "Act"), 2 I had the good fortune to discuss the Act with a wide range of individuals in our society, including: members of the clergy, the press, state and local politicians, a wide variety of legal and theological scholars, lobbyists for a significant cross-section of organizations, members of home-schooling, historical preservation, and Indian rights advocacy groups, and citizens acting individually and collectively in neighborhood associations.I also had the good fortune to argue the case before the U.S. Supreme Court and therefore to converse with the Justices about the Act-albeit in an undeniably brief period of time.No matter how the particular individual felt about RFRA, and no matter the forum, one aspect of RFRA's enactment intrigued the speaker: RFRA was passed by an overwhelming majority in Congress' and was supported by an unprecedented and massive coalition of organized religions.4 I was frequently asked, "Don't
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