RFRA and government employees going on pilgrimages

[Eugene Volokh]

Marc Stern writes:

> Rfra does not apply to the pilgrimage case because the employer was not a
> state actor and hence never subject to RFRA. And no one thinks that RFRA can
> jump the state action requirement by relying on Shelley v. Kramer--that
> judicial enforcement is state action.MArc Stern,AjCOngress

    I agree entirely on this point.  But say that the plaintiff were
a federal employee, and assume (as I believe it is correct to assume)
that RFRA is still good law as to the federal government.  What
result?

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Eugene Volokh, UCLA Law School, (310) 206-3926  fax -7010
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