Lower Court Holding in Hobby Lobby v. Sebelius
Decision of the Tenth Circuit U.S. Court of Appeals
Hobby Lobby and Mardel’s central claims here arise under the Religious Freedom Restoration Act (RFRA). A plaintiff makes a prima facie [evident from the facts before trial] case under RFRA by showing that the government substantially burdens a sincere religious exercise. The burden then shifts to the government to show that the “compelling interest test is satisfied through application of the challenged law ‘to the person’ — the particular claimant whose sincere exercise of religion is being substantially burdened.” — Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal (2006). This burden-shifting approach applies even at the preliminary injunction…
