Flores v. City of Boerne, SA-94-CA-0421.
Citation | 877 F. Supp. 355 |
Decision Date | 15 March 1995 |
Docket Number | No. SA-94-CA-0421.,SA-94-CA-0421. |
Parties | P.F. FLORES, Archbishop of San Antonio v. The CITY OF BOERNE. |
Court | U.S. District Court — Western District of Texas |
ORDER ON INTERLOCUTORY APPEAL
BEFORE THE COURT, in the above-captioned cause of action, is the special issue raised by Defendant, the City of Boerne, in which Defendant challenges the constitutionality of the recently passed Religious Freedom Restoration Act, 42 U.S.C. § 2000bb hereinafter RFRA.
The United States Congress passed RFRA in early November of 1993 and it was signed by President Clinton on November 16, 1993.
RFRA sets out in pertinent part:
(emphasis supplied).
Such an Act under normal circumstances would be readily enforceable by this Court; however, it has come to the Court's attention that this Act seeks to overturn an interpretation of the United States Constitution by the Supreme Court. Indeed, in the Congressional Findings and Declaration of Purposes, the Congress specifically sought to create a heightened burden of proof standard from that held in Employment Division v. Smith, 494 U.S. 872, 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990). The Findings state in pertinent part:
On February 2, 1995, the Court was made aware of Defendant's special issue during a pretrial hearing and agreed to 1) Certify the Question pursuant to 28 U.S.C. § 2403(a) to the Attorney General of the United States of America, and 2) for both parties to submit briefs addressing the constitutionality of RFRA. On March 3, 1995, Defendant submitted its brief. On March 6, 1995, Plaintiff submitted its reply brief and the Solicitor General agreed to intervene on behalf of the United States of America, likewise submitting a reply brief.
According to the holding of Marbury v. Madison, "it is emphatically the province and duty of the judicial department to say what the law is." 5 U.S. 137, 1 Cranch. 137, 2 L.Ed. 60 (1803). Subsequent Supreme Court cases have echoed this fact:
Deciding whether a matter has in any measure been committed by the Constitution to another branch of government, or whether the action of that branch exceeds whatever authority has been committed, is itself a delicate exercise in constitutional interpretation, and is a responsibility of this Court as ultimate interpreter of the Constitution.
Baker v. Carr, 369 U.S. 186, 211, 82 S.Ct. 691, 706, 7 L.Ed.2d 663 (1962). In United States v. Nixon, the Court stated:
418 U.S. 683, 704-05, 94 S.Ct. 3090, 3106, 41 L.Ed.2d 1039 (1974).
In this instance, Congress specifically sought to overturn Supreme Court precedent as found in Employment Division v. Smith through the passage of RFRA. The Supreme Court in Smith found the heightened standard applied in Sherbert v. Verner, 374 U.S. 398, 83 S.Ct. 1790, 10 L.Ed.2d 965 (1963), to be limited over the years to cases within the unemployment compensation field. Id. 494 U.S. at 884, 110 S.Ct. at 1603. The Smith Court added, "even if we were inclined to breathe into Sherbert some life beyond the unemployment compensation field, we would not apply it to require exemptions from a generally applicable law." Id. The Court is cognizant of Congress' Authority under Section 5 of the Fourteenth Amendment, yet is convinced of Congress' violation of the doctrine of Separation of Powers by intruding on the power and duty of the judiciary.
The Court is cautious in its opinion of RFRA's unconstitutionality as there has been insufficient case law, to date, construing it. See Belgard v. State of Hawaii, No. 93-00961 (D.Haw. Feb. 3, 1995) ( )1 Nevertheless, Smith remains the law in this area for this Court to follow pursuant to the doctrine of stare decisis. The doctrine of stare decisis is not a universal, inexorable command, especially in cases involving the interpretation of the United States Constitution. Planned Parenthood v. Casey, 505 U.S. ___, ___, 112 S.Ct. 2791, 2861, 120 L.Ed.2d 674 (1992) (Rehnquist, J., dissenting). "Nonetheless, the doctrine of stare decisis, while perhaps never entirely persuasive on a constitutional question, is a doctrine that demands respect in a society governed by the rule of law." City of Akron v. Akron Center for Reproductive Health, 462 U.S. 416, 419-20, 103 S.Ct. 2481, 2487, 76 L.Ed.2d 687 (1983).
After reviewing the briefs on file and the law applicable to this area, the Court is of the opinion RFRA is in violation of the United States Constitution and Supreme Court precedent by unconstitutionally changing the burden of proof as established under Employment Division v....
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