In 1993, Congress enacted the Religious Freedom Restoration Act (RFRA) in response to a U.S. Supreme Court decision that limited the protection granted by the Religion Clauses of the First Amendment. RFRA provides that a person may sue the federal government and officials for causing a “substantial burden” on the person’s exercise of religious beliefs. The statute also allows persons to recover “appropriate relief” in a successful RFRA lawsuit.
In 2013, three Muslim men filed a RFRA lawsuit against the government and several FBI agents alleging that their rights to freedom of religion were violated when they were placed on the government’s “no-fly list” because they refused to act as FBI informants and provide information about persons within their Muslim communities. None of the men were suspected terrorists. The lawsuit asked that the men’s names be removed from the “no-fly” list and that the FBI agents pay for the harm they inflicted, which included emotional distress, loss of employment opportunities and loss of airline tickets. Although the government eventually removed the men from the no-fly list, the FBI agents moved to dismiss the case, arguing that the men were not entitled to an award of money damages under RFRA. In its amicus brief before the U.S. Supreme Court, The Rutherford Institute argued that damage awards under RFRA are necessary to deter federal agents from depriving individuals of their religious freedom in the future.
The Supreme Court’s opinion and The Rutherford Institute’s amicus brief in Tanzin v. Tanvir are available at www.rutherford.org. Attorneys Michael J. Lockerby, George E. Quillin, Rachel Kingrey O’Neil, Kevin P. Brost, Lea Gulotta, Joshua M. Hawkes, and Akiesha Gilcrist Sainvil of Foley & Lardner LLP assisted The Rutherford Institute in advancing the arguments in Tanzin.
The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.
Source: https://bit.ly/38jBFi2
|