City of Boerne v. Flores

The decision constituted the first significant restriction of congressional power to enforce the Fourteenth Amendment since the late 1800s. Indeed, the Court's decision was a marked contrast from the civil rights cases decided in the 1960s, which generally held that Congress' power under the Fourteenth Amendment was extremely broad. Even more significant, however, the Court's reliance on principles of federalism and separation of powers followed a trend of cases decided in the mid-1990s striking down federal laws on the grounds that those laws intruded into areas, particularly crime and safety, traditionally subject to regulation by the state governments. These rulings markedly retreated from the decisions of the 1960s which broadened Congress' powers under the Fourteenth Amendment.

In the wake of the Boerne decision, several efforts were mounted in Congress under public pressure to counter the Court's action. The Religious Liberty Protection Act was considered by Congress in 1998. The act would prohibit state and local governments from enacting land use legislation that would potentially burden religious exercise unless the laws promoted a compelling government interest. Critics, including the National League of Cities, feared the implications of the bill on cities' ability to regulate religious-based land uses through zoning ordinances.

What did pass Congress and was signed into law late in 1998 was the international Religious Freedom Act. The act sought to protect religious believers from persecution overseas. The law provides the president a range of options to penalize nations that allow such persecution. Some business and political leaders in the United States did not support the act fearing implications on foreign trade and possible implications to other foreign policy goals over such a globally sensitive issue. The act also formed a Commission on International Religious Liberty to monitor progress and advise Congress.

Congress also continued to pursue the proposed Religious Freedom Amendment to the Constitution, with little prospects for success. Many believed the proposed amendment would disrupt classrooms, allow religious displays on public property, and permit public tax support for sectarian schools. All of these efforts raised concerns over the United States imposing its notion of religious freedom on other cultures and domestically subjecting local religious minorities to various burdens by religious majorities.