Freedom of Religion: The Free Exercise Clause

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What right does the Free Exercise Clause protect?
It protects an individual's right to believe and practice their religion, or lack thereof, without government interference.
Is the freedom to hold a religious belief absolute?
Yes. The government cannot control or punish a person's thoughts or religious beliefs.
Is the freedom to act on one's religious beliefs absolute?
No. The government can regulate religious conduct that violates criminal laws or other established public policies, especially if the law is neutral and generally applicable.
What was the ruling in *Reynolds v. United States* (1879)?
The Supreme Court upheld a federal law against polygamy, ruling that the Free Exercise Clause protects religious belief, but not practices that were judged to be criminal or 'subversive of good order'.
What test did *Sherbert v. Verner* (1963) establish for laws burdening religious practice?
It established the 'compelling interest' test, requiring the government to show a compelling state interest and use the least restrictive means if its law substantially burdened a person's religious practice.
How did *Employment Division v. Smith* (1990) alter the standard for religious freedom cases?
The Court ruled that neutral, generally applicable laws do not require a 'compelling interest' justification, even if they incidentally burden a religious practice. This lowered the protection for religious conduct.
What is the Religious Freedom Restoration Act (RFRA)?
Passed in 1993, RFRA is a federal law that aimed to restore the 'compelling interest' test for any federal action that substantially burdens a person's exercise of religion.
Does the Free Exercise Clause guarantee an exemption from mandatory vaccination laws?
Generally, no. Courts have consistently upheld mandatory vaccination laws for public health, ruling that they are neutral and generally applicable laws that do not violate the Free Exercise Clause.
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