What part of the U.S. Constitution guarantees freedom of religion?
The First Amendment. It states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
What are the two distinct clauses in the First Amendment that protect religious freedom?
1. The Establishment Clause
2. The Free Exercise Clause
What is the core principle of the Establishment Clause?
It prohibits the government from establishing an official religion, or from favoring one religion over another (or religion over non-religion).
What is the core principle of the Free Exercise Clause?
It protects an individual's right to believe and practice their religion of choice, or to have no religious belief at all, without government interference.
To which levels of government do the religion clauses of the First Amendment apply?
They apply to both the federal and state governments. This is due to the doctrine of 'incorporation' through the Fourteenth Amendment.
What common phrase is often used to summarize the Establishment Clause's principle?
"Separation of church and state." This phrase originated in a letter from Thomas Jefferson.
Is the freedom to hold a religious belief absolute?
Yes. The Supreme Court has consistently held that the government cannot compel or punish a person for their religious beliefs or lack thereof.
Is the freedom to act on a religious belief (religious conduct) absolute?
No. The government can regulate or prohibit actions, even those based on sincere religious beliefs, if they violate a valid, neutral law of general applicability (e.g., laws against polygamy or drug use).
