Michigan RFRA?

[hamilton02 at aol.com]

I would include AL under the list of state rfras, since it is the same language (minus "substantial" before "burden"), and was debated in AL explicitly as a state rfra.? Obviously, its repeal would be different, but it has the same effect in the cases (though state rfras are invoked precious few times).

Marci



-----Original Message-----
From: Newsom Michael <mnewsom at law.howard.edu>
To: Law & Religion issues for Law Academics <religionlaw at lists.ucla.edu>
Sent: Thu, 4 Oct 2007 3:05 pm
Subject: RE: Michigan RFRA?



Thanks for the scorecard.  It is helpful!

-----Original Message-----
From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Volokh, Eugene
Sent: Thursday, October 04, 2007 2:33 PM
To: Law & Religion issues for Law Academics
Subject: RE: Michigan RFRA?


    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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