The Religious Freedom Restoration Act of 1993 states that the government may not substantially burden the exercise of religion even if it is enforcing a law of general applicability. This is a laudable principle in general but is not constitutionally required, and is ripe for abuse. In the wake of Burwell v. Hobby Lobby, there is much uncertainty about RFRA.
The Obama administration should ask Congress to amend RFRA to clarify:
1.) That the law protects individuals and religious organizations, but does not apply to for-profit business or organizations that are not primarily religious in nature, even if "closely-held."
2.) That a court must do a searching inquiry when evaluating a RFRA claim to weigh potential harm to third parties.



