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Topic: Free Exercise Clause

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	Free Exercise of Religion and the First Amendment
		By the Warren Court years of the 1960s, the Court had adopted a much more expansive view of the Free Exercise Clause, reading it to compel governmental accomodation of religiously-motivated conduct in the absence of a compelling state interest and the use of means that least burdened religious practices.
		The next year, the tide turned against Free Exercise claimants when the Court rejected, 5 to 4, the seemingly sympathetic request of an Orthodox Jewish army psychiatrist who felt religiously-compelled to wear a yamulke on duty, and who asked to be exempted from the military's ban on such headwear (Goldman).
		The Court unanimously concluded that the ordinances of Hialeah violated the Free Exercise Clause.
	www.law.umkc.edu /faculty/projects/ftrials/conlaw/freeexercise.htm (1539 words)

	Academics - Supreme Court Preview - Free Exercise of Religion (Site not responding. Last check: 2007-10-25)
		Davey, held that the free exercise clause of the federal constitution requires a state to fund scholarships for religious education when it chooses to fund scholarships for other courses of college study, even though the state's constitution prohibits public funding for religious instruction.
		The two religion clauses are contained in one sentence, which states: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." The first clause, the establishment clause, prohibits some range of government activity that benefits religion.
		As the cases indicate, there is lots of room to interpret the free exercise clause of the federal constitution as not being in conflict with the Washington state establishment clause, which prohibits public funding of religious education.
	www.mcgeorge.edu /academics/supreme_court_preview_free_exercise.htm (2698 words)

	Table of Contents
		The purpose of the Free Exercise Clause is to prevent the government from impairing the liberty of individuals to exercise their religious faith.
		The purpose of the Establishment Clause is to enforce government neutrality concerning religion by separating the realms of church and state.
		The Free Speech Clause prohibits the federal government from abridging freedom of speech; under the Fourteenth Amendment, the Free Speech Clause also limits the power of state and local governments—including local school boards and their employees—over speech.
	www.ga.unc.edu /pep/law/Academy/Read.Religion.Excerpt.htm (2311 words)

	Free Exercise of Religion
		The free exercise of religion, in terms of belief, cannot be prohibited; but, in terms of action, it can be limited.
		In America, religion is to be freely exercised, not established or imposed by law or government (the essence of coercion); on the other hand, while religion action cannot be prohibited, there is no guarantee it cannot be abridged.
		Americans are free to believe whatever they choose in regard to religion, but actions in the name of religion are restricted and abridged by the laws of society.
	www.cjnetworks.com /~ggarman/exercise.html (2051 words)

	Sherbert v. Verner
		Governmental imposition of such a choice puts the same kind of burden upon the free exercise of religion as would a fine imposed against appellant for her Saturday worship.
		For the Free Exercise Clause is written in terms of what the government cannot do to the individual, not in terms of what the individual can exact from the government.
		That being so, the Establishment Clause as construed by this Court not only permits but affirmatively requires South Carolina equally to deny the appellant's claim for unemployment compensation when her refusal to work on Saturdays is based upon her religious creed.
	www.michaelariens.com /ConLaw/cases/sherbert.htm (2453 words)

	Free Exercise of Religion: Equality or Inequality?
		The principle is part and parcel of both the free exercise clause of the federal Constitution and to the extent the idea is reflected in state constitutions, it constitutes the law of that state as well.
		Every citizen may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
		The exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons in the state; provided, that the right hereby declared and established, shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the state.
	www.lonang.com /conlaw/7/c71f2.htm (15758 words)

	Free Exercise Clause of the First Amendment - Wikipedia, the free encyclopedia
		The Free Exercise Clause of the First Amendment has often been interpreted to include two freedoms: the freedom to believe, and the freedom to act.
		One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote." The Supreme Court did not rule that the Pledge was unconstitutional; rather, they held that students may not be compelled to recite it.
		Smith that, as long as a law does not target a particular religious practice, it is constitutional insofar as the free exercise clause is concerned.
	en.wikipedia.org /wiki/Free_Exercise_Clause (985 words)

	ARE THERE LIMITS TO RELIGIOUS FREE EXERCISE?
		So, under the Court’s current understanding of religious free exercise, as long as a law is generally applicable and neutral, all the state needs is a rational basis (i.e., any remotely plausible reason) for a law that forbids or limits the practices of religious polygamists, theonomists, Muslims committed to Sharia, and others.
		This is why the wording of free exercise provisions in state constitutions at the time of the founding of America typically allowed for the limitation of religious liberty if the prohibited actions would interfere with some aspect of the community’s good.
		What it will do is provide us with a conceptual framework that puts teeth back into the free exercise clause while reintroducing us to the language of natural law, one that places a premium on the government’s obligation to protect the intrinsic dignity of the person and advance the public good.
	www.equip.org /free/JAR075.htm (1489 words)

	FREEDOM OF RELIGION
		The main purpose of the Free Exercise Clause is to prevent the government from outlawing or seriously burdening a person’s pursuit of whatever religion (and whatever religious practices) he chooses.
		Non-religious objectives: Free Exercise problems most typically arise when government, acting in pursuit of non-religious objectives, either: (1) forbids or burdens conduct which happens to be required by someone’s religious belief; or conversely, (2) compels or encourages conduct which happens to be forbidden by someone’s religious beliefs.
		Supreme Court held that the Jewish officer-plaintiffs had a free exercise right that was being burdened, but that this right was outweighed by the need to defer to the military’s judgment that discipline and uniformity require the ban on all non-standard headgear.
	www2.sfasu.edu /polisci/Abel/ConstitutionalLawII/FREEDOMOFRELIGION.htm (3631 words)

	FindLaw: U.S. Constitution: First Amendment: Annotations pg. 5 of 21
		even though the burden may be characterized as being only indirect.'' 180 Freedom of conscience is the basis of the free exercise clause, and government may not penalize or discriminate against an individual or a group of individuals because of their religious views nor may it compel persons to affirm any particular beliefs.
		Brown 217 held that the free exercise clause did not mandate an exemption from Sunday Closing Laws for an Orthodox Jewish merchant who observed Saturday as the Sabbath and was thereby required to be closed two days of the week rather than one.
		Commissioner, 490 U.S. -700 (1989) (any burden on free exercise imposed by disallowance of a tax deduction was ''justified by the 'broad public interest in maintaining a sound tax system' free of 'myriad exceptions flowing from a wide variety of religious beliefs''').
	caselaw.lp.findlaw.com /data/constitution/amendment01/05.html (5697 words)

	The Free Exercise
		The Free Exercise Clause does not authorize any action in the name of religion which is in violation of the laws of the land which apply to all citizens equally.
		The only action which can be freely exercised in regard to religion is activity which complies with the laws of society as drafted and approved by the majority of the citizens of the United States of America in accordance with the Constitution.
		It is ridiculous to assert that the Free Exercise Clause guarantees all actions in the name of religion, that it gives some citizens rights which do not apply to all citizens, or that some citizens can violate laws to which all other citizens are bound.
	www.liberty-ca.org /articles/views/garman2002freeexercise.htm (977 words)

	Free exercise extravagance - Commentary - The Washington Times, America's Newspaper (Site not responding. Last check: 2007-10-25)
		The ruling contributes to a rising tide of extravagant interpretations of the Free Exercise Clause of the First Amendment to defeat secular laws.
		Chief Justice Morrison Waite denied that the Free Exercise Clause was transgressed by the defendant's conviction.
		In Gannon University, the Third Circuit preposterously held that Title VII unconstitutionally intrudes on the Free Exercise Clause, a conclusion that invites segregated religious institutions reminiscent of Jim Crow.
	washingtontimes.com /commentary/20061016-100751-1600r.htm (658 words)

	Documents in the Supreme Court Ruling: 16. Justice Souter Opinion (Site not responding. Last check: 2007-10-25)
		The rule these Justices saw as flowing from free exercise neutrality, in contrast to the Smith rule, "requir[es] the government to justify any substantial burden on religiously motivated conduct by a compelling state interest and by means narrowly tailored to achieve that interest." Id., at 894 (emphasis added).
		Beason upheld against a free exercise challenge a law denying the right to vote or hold public office to members of organizations that practice or encourage polygamy.
		The cases are open to the reading that the Clause sometimes protects religious conduct from enforcement of generally applicable laws, see supra, at 569 (citing cases); that the Clause never protects religious conduct from the enforcement of generally applicable laws, see Smith, 494 U.S,.
	userwww.sfsu.edu /~biella/santeria/doc16.html (5356 words)

	FindLaw Constitutional Law Center: U.S. Constitution: First Amendment: Annotations pg. 5 of 21
		even though the burden may be characterized as being only indirect.''180 Freedom of conscience is the basis of the free exercise clause, and government may not penalize or discriminate against an individual or a group of individuals because of their religious views nor may it compel persons to affirm any particular beliefs.
		Brown217 held that the free exercise clause did not mandate an exemption from Sunday Closing Laws for an Orthodox Jewish merchant who observed Saturday as the Sabbath and was thereby required to be closed two days of the week rather than one.
		.'''221 First, the disqualification was held to impose a burden on the free exercise of Sherbert's religion; it was an indirect burden and it did not impose a criminal sanction on a religious practice, but the disqualification derived solely from her practice of her religion and constituted a compulsion upon her to forgo that practice.
	supreme.paxtv.findlaw.com /constitution/amendment01/05.html (5635 words)

	Liberty Magazine
		That is the role of the Free Exercise Clause--indeed, its singular role.
		A structural clause, to be sure, often has a laudable effect on individual rights when the branches of government (legislative, executive, and judicial) stay within their authority.
		The Establishment Clause can be a means of redress for personal harms, but only when the injury is not religious in nature, such as economic harm or damage to property, constraints on academic inquiry by teachers and students, or restraints on freethinking atheists.
	www.libertymagazine.org /article/articleview/152 (2193 words)

	CSP - "Entheogens and the Free Exercise Clause"
		The free exercise clause of the First Amendment of the United States Constitution mandates "Congress shall make no law...prohibiting the free exercise" of religion.
		Before beginning such a survey, it cannot go unnoted that free-exercise jurisprudence in general is a jumbled mess of changing standards, faulty reasoning, and, perhaps most frustrating as of late, a propensity to completely abandon the role of judge and entirely defer to the legislature.
		The published opinion of every case directly addressing the free exercise issue in the context of entheogen use are on file in the TELR office.
	www.csp.org /society/docs/telr-free_exercise.html (3824 words)

	First Amendment -- Free Exercise of Religion (Site not responding. Last check: 2007-10-25)
		Freedom of conscience is the basis of the free exercise clause, and government may not penalize or discriminate against an individual or a group of individuals because of their religious views nor may it compel persons to affirm any particular beliefs.
		Therefore, the Court concluded, the Free Exercise Clause does not prohibit a state from applying generally applicable criminal penalties to use of peyote in a religious ceremony, or from denying unemployment benefits to persons dismissed from their jobs because of religious ceremonial use of peyote.
		First, the disqualification was held to impose a burden on the free exercise of Sherbert's religion; it was an indirect burden and it did not impose a criminal sanction on a religious practice, but the disqualification derived solely from her practice of her religion and constituted a compulsion upon her to forgo that practice.
	members.tripod.com /~candst/crs1sta5.htm (6936 words)

	firstamendmentcenter.org: Religious Liberty in Public Life - Free exercise Index
		Questions of free exercise usually arise when a citizen’s civic obligation to comply with a law conflicts with that citizen’s religious beliefs or practices.
		Connecticut (1940), opened the door to federal litigation against the states for religion-clause claims (by ruling that the 14th Amendment’s protections against state action “incorporates” or absorbs, the free-exercise clause of the First Amendment) there was no cause of action against the state for laws that may have impinged on religious practices.
		This would obviate the burden to the Amish community’s right to freely exercise its religion, while the state’s overriding interest would still be served.
	www.firstamendmentcenter.org /rel_liberty/free_exercise/index.aspx (2134 words)

	Free Exercise Clause Framework
		Court upheld development of federal lands challenged (on Free Exercise grounds) by Native Americans who believe the land involved to be sacred.
		However, "the Free Exercise Clause is written in terms of what the government cannot do to the individual, not in terms of what the individual can exact from the government."
		Douglas (dissent): The free exercise rights of the children are at issue here, as well as those of the parents.
	www.lonang.com /conlaw/7/c74c.htm (1928 words)

	1st Amendment
		The purpose of both the Establishment Clause and the Free Exercise Clause Clause is to guarantee religious liberty.
		The Free Exercise Clause seeks to accomplish this by prohibiting Congress from passing laws prohibiting the free exercise of religion.
		The clause protects the rights of individuals and groups insofar as possible to practice their religion free from governmental interference.
	www.teachingaboutreligion.org /MiniCourse/Lesson1/1st_amendment.htm (1066 words)

	legal redux: The Free Exercise clause and the Compelling Interest doctrine
		On the contrary, the record of more than a century of our free exercise jurisprudence contradicts that proposition.” (footnote omitted) Where a valid law is concerned and is applied in its proper jurisdiction, few things justify not enforcing it.
		You argue that Scalia’s written opinion hasn’t affected the interpretation of the free exercise clause within the CIT, yet the RFRA and Boerne vs Flores are centerpiece examples of the problems caused by Oregon.
		The purpose of the RFRA was to restore the free exercise of religion to its former status as a fundamental right, that is, on its own required proving a compelling governmental interest in order to be limited.
	www.ledux.blogspot.com /2005/08/free-exercise-clause-and-compelling.html (3677 words)

	INTRODUCTION TO THE COURT OPINION ON THE WEST VIRGINIA BOARD OF EDUCATION V. BARNETTE CASE
		One is the Establishment Clause, which prohibits the government from establishing any sort of official religion (see next document); the other is the Free Exercise Clause, which forbids the government from restricting an individual's religious practices.
		Free exercise claims often overlap claims to freedom of expression, and several of the most important religion cases mixed issues of free speech and free exercise together.
		Free public education, if faithful to the ideal of secular instruction and political neutrality, will not be partisan or enemy of any class, creed, party, or faction.
	usinfo.state.gov /usa/infousa/facts/democrac/46.htm (2577 words)

	Establishment Clause of the First Amendment - Wikipedia, the free encyclopedia
		Together with the Free Exercise Clause, ("or prohibiting the free exercise thereof"), these two clauses make up what are commonly known as the religion clauses.
		The clause itself was seen as a reaction to the Church of England, established as the official church of England and some of the colonies, during the colonial era.
		It was only a violation of the establishment clause to erect a religious monument on government property; Moore was free to maintain that monument on private land.
	en.wikipedia.org /wiki/Establishment_Clause (1844 words)

	Free Exercise (Site not responding. Last check: 2007-10-25)
		According to this phrase, known as the free exercise clause, neither Congress nor the state governments can interfere with any religious belief or practice.
		Whereas the Establishment Clause means that Congress cannot force anyone to practice or believe a faith, the Free Exercise Clause means that Congress cannot prevent anyone from practicing or believing in a faith.
		There are very few examples of free exercise violations in the sense described above, at least in this century.
	etech.northern.edu /blanchak/epublius/free_exercise.htm (289 words)

	One Nation, Under Siege by Establishment Clause Revisionism
		A nation at war, which continues to mourn its fallen heroes from 9-11, wrapping itself in the collective comfort of a renewed spirit of patriotism, was rudely awakened this morning to news that the Pledge of Allegiance is unconstitutional.
		It was in the context of his brief, three paragraph letter, that Jefferson used the phrase: "wall of separation between church and state" as an allusion to a wall around a church to keep the government from interfering in the free exercise of religion.
		The Free Exercise clause was all but ignored by the Warren court.
	www.cfif.org /htdocs/legal_issues/legal_updates/other_noteworthy_cases/estab_clause.htm (2228 words)

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