What are the UDVs main causes of action under the Religious Freedom Restoration Act of 1993?
The Religious Freedom Restoration Act, a federal law intended to protect the free exercise of religion, provides access to the courts for sincere individuals and recognized churches who are not able to exercise their religion freely because of actions by the federal government. The U.S. Government defendants in this case concede that the UDV is a recognized religion, that its members are sincere and that the government’s actions have prevented the UDV members from practicing their religion. Once such a situation arises, and the religious group challenges the government’s prohibition in court, RFRA requires the government to prove to a federal judge that it has a “compelling interest” that can only be served by banning the particular exercise of religion. This means that the government has to show that the religious conduct in question, if allowed, will cause serious harm.
