Michigan RFRA?

[Volokh, Eugene]

	Reid v. Kenowa Hills Public Schools, 261 Mich.App. 17, 680
N.W.2d 62 (2004), seems to adopt the Sherbert/Yoder strict scrutiny
model as a matter of Michigan constitutional law.  On the other hand, it
relies on an earlier state supreme court decision that rested on a
hybrid rights Free Exercise Clause theory, and doesn't expressly discuss
the Sherbert vs. Smith issue, so perhaps it might not be the strongest
precedent on this score.

	Here's the scorecard, as I see it:

	RFRA statutes (12):  AZ, CT, FL, ID, IL, MO, NM, OK, PA, RI, SC,
TX.
	RFRA constitutional amendment (1):  AL.
	Sherbert/Yoder under state constitution (12):  AK, IN, ME, MA,
MI, MN, MT, NC, OH, VT, WA, WI.
	Smith under state constitution (4):  MD, NJ, OR, TN.
	Ambiguous, leaning in favor of Smith (1):  KS.
	Uncertainty expressly noted (4):  CA, HI, NY, UT.
	Nothing said (16):  AR, CO, DE, GA, IA, KY, LA, MS, NE, NV, NH,
ND, SD, VA, WV, WY.

	Eugene



________________________________

	From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of
hamilton02 at aol.com
	Sent: Thursday, October 04, 2007 7:17 AM
	To: religionlaw at lists.ucla.edu
	Subject: Re: Michigan RFRA?
	
	
	There are 13 state rfras; Michigan is not one of them.  
	
	
	Marci
	
	
	
	Marci A. Hamilton
	Visiting Professor of Public Affairs
	Kathleen and Martin Crane Senior Research Fellow
	Program in Law and Public Affairs
	Woodrow Wilson School
	Princeton University
	
	
	-----Original Message-----
	From: Ed Brayton <stcynic at crystalauto.com>
	To: Religionlaw Listserv <religionlaw at lists.ucla.edu>
	Sent: Thu, 4 Oct 2007 1:38 am
	Subject: Michigan RFRA?
	
	
	Does anyone on the list know if Michigan has passed their own
version of RFRA? If so, can you tell me where to find it in the Michigan
code? Thanks.
	 
	Ed Brayton
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