RFRA and exclusion of antidiscrimination law

Michael McConnell Mcconnellm at LAW.UTAH.EDU
Mon Nov 23 09:29:06 PST 1998


I am surprised at the claim that the least restrictive means test is
something different and distinct from the compelling interest test. I
have always taught that the two are part and parcel of the same
thing. If a measure is not the least restrictive means for
accomplishing the government's objective, how can enforcement of that
measure be "necessary" to achievement of a compelling governmental
interest?
-- Michael McConnell (U of Utah)



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