Steven Resnicoff, DePaul University College of Law professor, believes that the United States Supreme Court should uphold the Religious Freedom Restoration Act (RFRA).

RFRA, enacted by Congress in 1993 and signed into law by President Clinton, is being challenged in the case of Flores v. City of Boerne. In that case, a small mission-type Catholic Church in the historic district of Boerne, Tex., was denied the right to expand its facilities by city officials.

The court is expected to issue its decision in June.

"Most people and organizations concerned with the future of religious freedom in America hope that the Supreme Court upholds RFRA's constitutionality, said Resnicoff. "RFRA statutorily restores the same degree of protection that for many years was thought to be constitutionally guaranteed.

"It would be most unfortunate if the court would strike down this statutory substitute, approved by nearly a unanimous Congress," he said.

In RFRA-related case, the Supreme Court is considering, in Christians v. Crystal Evangelical Free Church, how RFRA, if constitutional, relates to charitable contributions given by insolvent debtors on the eve of filing bankruptcy.

Ordinarily, according to Resnicoff, when insolvent debtors transfer their property gratuitously right before filing bankruptcy, the bankruptcy trustees can recover the property that was transferred and use it to pay the debtors’ creditors. A number of courts have stated that if RFRA is to be held constitutional, it would prevent the recovery of property transferred as a charitable contribution.

"There is room for the court to find RFRA constitutional without ruling that it interferes with the recovery of fraudulent transfers to religious institutions," said Rensicoff.

Resnicoff is an expert on bankruptcy law and wrote a chapter on "Fraudulent Transfers" in a volume for practioners published by the Illinois Institute for Continued Legal Education. At DePaul he teaches bankruptcy, commercial paper, legal ethics and Jewish law.

To contact Resnicoff at DePaul call 312/362-8137.