Religious Freedom and Community Associations: How does the Religious Freedom Restoration Act Impact Condominium and Homeowner’s Associations?

/ Owner - April 14, 2015

In 1993, the federal government enacted the Religious Freedom Restoration Act (“RFRA”). The purpose of the RFRA was to allow a person to avoid complying with any law that interfered with the exercise of their religious freedom unless there was a compelling governmental interest behind the law and the least restrictive means of furthering that compelling governmental interest was utilized. In City of Boerne v Flores, 521 US 507 (1997) the United States Supreme Court held that the RFRA could not be applied to the states, although it has subsequently been upheld as constitutional as applied to the federal government. Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 546 US 418 (2006). Accordingly, after City of Boerne v Flores, approximately twenty (20) states enacted a version of RFRA . Sixteen (16) states, including Michigan, proposed RFRA legislation during the 2015 legislative session.    Read the article…………..

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