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Free Exercise Clause

Overview

The Free Exercise Clause is part of the First Amendment to the U.S. Constitution, which guarantees citizens the right to freely practice their religion without government interference. This clause reflects the framers' intent to protect religious freedom, drawing on historical contexts where individuals faced persecution for their beliefs.

Key Themes

  1. Protection from Government Interference: The clause prohibits laws that specifically target or restrict religious practices unless they serve a compelling government interest and are narrowly tailored. For example, the Supreme Court ruled in Employment Division v. Smith (1990) that general law (e.g., drug regulations) do not violate the Free Exercise Clause even if they incidentally burden religion.
  2. Accommodation of Religious Practices: In some cases, courts have required governments to accommodate religious practices unless doing so would impose significant costs or harm others. For instance, Burwell v. Hobby Lobby Stores (2014) allowed certain businesses to opt out of providing contraceptive coverage based on religious objections.

Significance

The Free Exercise Clause is a cornerstone of U.S. constitutional law, ensuring that individuals can live according to their faith without undue government intrusion. It has shaped debates over issues like school prayer, workplace accommodations, and medical exemptions for religious reasons. Its enduring relevance lies in its ability to promote religious pluralism while addressing tensions between individual rights and societal norms.


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