Sunday, September 10, 2023

Religious Liberty: Free Exercise Clause

The Free Exercise Clause:  

Congress shall make no law . . . prohibiting the free exercise [of religion]

Explanations: 

- Legal Information Institute

The Free Exercise Clause reserves the right of American citizens to accept any religious belief and engage in religious rituals. Free-exercise clauses of state constitutions which protected religious “[o]pinion, expression of opinion, and practice were all expressly protected” by the Free Exercise Clause.[1] The Clause protects not just religious beliefs but actions made on behalf of those beliefs. More importantly, the wording of state constitutions suggest that “free exercise envisions religiously compelled exemptions from at least some generally applicable laws.”[2] The Free Exercise Clause not only protects religious belief and expression; it also seems to allow for violation of laws, as long as that violation is made for religious reasons. In the terms of economic theory, the Free Exercise Clause promotes a free religious market by precluding taxation of religious activities by minority sects.


- Oyez: Free Exercise Cases

Landmark Cases: 

- Church of Lukumi Babalu Aye, Inc. v. City of Hialeah.

https://en.wikipedia.org/wiki/Employment_Division_v._Smith

https://en.wikipedia.org/wiki/Flying_Spaghetti_Monster

https://en.wikipedia.org/wiki/Religious_exemption