Nathan "Nate" A. Adams IV is a Partner in our
Tallahassee office.
Timely Topics
The death of U.S. Supreme Court Associate Justice Antonin Scalia
will have an uncertain effect on religious institutions. Justice
Scalia delivered the majority opinion in Employment Div. v.
Smith, 494 U.S 872 (1990), in which the court abandoned strict
scrutiny when laws that are neutral and generally applicable
infringe religious expression. Most anti-discrimination and public
accommodation measures fall into this category. After
Smith, laws violate the Free Exercise Clause in more
limited circumstances, such as in the event of discrimination
against persons on grounds of religion. In the wake of
Smith, when neutral and generally applicable laws impact
religious exercise, plaintiffs are left with statutory religious
claims under federal and state Religious Freedom Restoration Acts
(RFRA) and the Religious Land Use and Institutionalized Persons Act
(RLUIPA). Congress enacted these
