10th Circuit Says RFRA Gives Defense, Not Immunity From Trial

Religion clause blog reports on the 10th Circuit’s ruling in United States v. Quaintance, No. 07-2137 (10th Cir., April 15, 2008) where defendants attempt to use RFRA as a defense in a drug prosecution.  Religion Clause blog observes:

Defendants attempted to appeal that order before they were actually tried, arguing that a First Amendment free exercise right is lost if not vindicated before trial. The Court of Appeals disagreed, holding that RFRA and RLUIPA are statutes that create defenses, not a right to avoid trial.