City of Boerne v. Flores

City of Boerne v. Flores
Supreme Court of the United States
Argued February 19, 1997
Decided June 25, 1997
Full case nameCity of Boerne, Petitioner v. P. F. Flores, Archbishop of San Antonio, and United States
Citations521 U.S. 507 (more)
117 S. Ct. 2157; 138 L. Ed. 2d 624; 1997 U.S. LEXIS 4035; 65 U.S.L.W. 4612; 74 Fair Empl. Prac. Cas. (BNA) 62; 70 Empl. Prac. Dec. (CCH) ¶ 44,785; 97 Cal. Daily Op. Service 4904; 97 Daily Journal DAR 7973; 1997 Colo. J. C.A.R. 1329; 11 Fla. L. Weekly Fed. S 140
Case history
Prior877 F. Supp. 355 (W.D. Tex. 1995), rev'd, 73 F.3d 1352 (5th Cir.), rehearing en banc denied, 83 F.3d 421 (5th Cir.), cert. granted, 519 U.S. 926 (1996)
SubsequentDistrict court affirmed and remanded, 119 F.3d 341 (5th Cir. 1997)
Holding
Enactment of the Religious Freedom Restoration Act of 1993 exceeded congressional power under Section 5 of the Fourteenth Amendment.
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinions
MajorityKennedy, joined by Rehnquist, Stevens, Thomas, Ginsburg; Scalia (all but part III-A-1)
ConcurrenceStevens
ConcurrenceScalia (in part), joined by Stevens
DissentO'Connor, joined by Breyer (except a portion of part I)
DissentSouter
DissentBreyer
Laws applied
U.S. Const. amends. I, XIV; Religious Freedom Restoration Act

City of Boerne v. Flores, 521 U.S. 507 (1997), was a landmark decision of the Supreme Court of the United States concerning the scope of Congress's power of enforcement under Section 5 of the Fourteenth Amendment. The case also had a significant impact on historic preservation.

In this case, the Court struck down the Religious Freedom Restoration Act (RFRA), as it applied to the states, stating the statute was an unconstitutional use of Congress's enforcement powers. Legal scholars have criticized this case stating that, "Without RFRA, questions of religious freedom will be decided in different ways in different states, and even for different religious groups." Scholars also stated that, "This places smaller religions at a relative disadvantage- a situation inconsistent with the governing ideal of the Fourteenth Amendment."[1]

  1. ^ McConnell, Michael W. (1997). "Institutions and Interpretation: A Critique of City of Boerne v. Flores". University of Chicago Law School: 195.