This is an article that I wrote for the National Conference of Bankruptcy Judges this year.
Freedom of religion is enshrined in the
First Amendment to the Constitution which protects the free exercise of
religion, as well as legislation such as the Religious Freedom Restoration Act[1]
the Religious Land Use and Institutionalized Persons Act of 2000[2]
and the Religious Liberty and Charitable Donation Protection Act[3]. When religious and secular parties clash in
bankruptcy court the constitutional and statutory protections of religion are
often invoked but rarely successful.
This paper will give a brief overview of the issues.
