What right does the Free Exercise Clause of the First Amendment protect?
It protects an individual's right to hold any religious belief and to engage in religious rituals and practices.
What crucial distinction did the Supreme Court make in *Reynolds v. United States* (1879) regarding religious freedom?
It distinguished between religious *belief* (which is absolutely protected) and religious *action* (which can be regulated by law). The case upheld a federal law banning polygamy.
In *Wisconsin v. Yoder* (1972), why did the Court rule in favor of Amish parents who refused to send their children to school past the eighth grade?
The Court found that the state's interest in compulsory education was not 'compelling' enough to override the Amish families' sincere religious beliefs, which required a life separate from modern society.
What was the 'Sherbert Test,' established in *Sherbert v. Verner* (1963)?
A test to see if a law violates the Free Exercise Clause. It asked if the law placed a 'substantial burden' on religion, and if so, whether the law was justified by a 'compelling government interest.'
How did *Employment Division v. Smith* (1990) dramatically change the interpretation of the Free Exercise Clause?
It largely abandoned the Sherbert Test. The Court ruled that neutral, generally applicable laws do not have to be justified by a 'compelling interest' even if they incidentally burden a religious practice.
What was the law at issue in *Employment Division v. Smith*?
An Oregon state law that prohibited the consumption of peyote, a hallucinogenic drug. Two Native American counselors were fired for using peyote in a religious ceremony and were denied unemployment benefits.
What does it mean for a law to be 'neutral and generally applicable'?
It means the law does not target a specific religious practice (neutral) and applies to all citizens equally (generally applicable). Under the *Smith* ruling, such laws are almost always constitutional.
What federal law did Congress pass in response to the *Smith* decision?
The Religious Freedom Restoration Act (RFRA) of 1993. It attempted to restore the 'compelling interest' test for all laws that substantially burden religious exercise.
Does the Religious Freedom Restoration Act (RFRA) apply to state laws?
No. The Supreme Court ruled in *City of Boerne v. Flores* (1997) that RFRA was unconstitutional as applied to the states. It still applies to the federal government.
What was the outcome of *Burwell v. Hobby Lobby* (2014)?
The Supreme Court ruled that under the federal RFRA, certain for-profit companies with religious objections could not be forced to pay for contraception coverage in their employee health plans.
