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Topic: Free Exercise Clause of the First Amendment

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	Free Exercise of Religion and the First Amendment
		Free Exercise of Religion and the First Amendment
		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)

	[No title] (Site not responding. Last check: 2007-11-02)
		The First Amendment therefore does not prohibit them from being applied to petitioner even though their effect is to restrict the wearing of the headgear required by his religious beliefs.
		When a military service burdens the free exercise rights of its members in the name of necessity, it must provide, as an initial matter and at a minimum, a credible explanation of how the contested practice is likely to interfere with the proferred military interest.
		First, because the government is attempting to override an interest specifically protected by the Bill of Rights, the government must show that the opposing interest it asserts is of special importance before there is any chance that its claim can prevail.
	www4.gvsu.edu /dendulkk/pls330/relfree/goldman.htm (3061 words)

	EMPLOYMENT DIVISION, DEPARTMENT OF HUMAN RESOURCES OF OREGON, et al (Site not responding. Last check: 2007-11-02)
		They assert, in other words, that "prohibiting the free exercise [of religion]" includes requiring any individual to observe a generally applicable law that requires (or forbids) the performance of an act that his religious belief forbids (or requires).
		In my view, however, the First Amendment was enacted precisely to protect the rights of those whose religious practices are not shared by the majority and may be viewed with hostility.
		The majority, however, perfunctorily dismisses it as a "constitutional anomaly." The Court views traditional free exercise analysis as somehow inapplicable to criminal prohibitions (as opposed to conditions on the receipt of benefits), and to state laws of general applicability (as opposed, presumably, to laws that expressly single out religious practices).
	www4.gvsu.edu /dendulkk/pls330/relfree/peyote.htm (4351 words)

	FindLaw: U.S. Constitution: First Amendment: Annotations pg. 5 of 21
		The Mormon Cases.--The Court's first encounter with free exercise claims occurred in a series of cases in which the Federal Government and the territories moved against the Mormons because of their practice of polygamy.
		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 (5820 words)

	Jewish Law - Legal Briefs ("Becher v. Becher")
		The current framework for determining whether a statute violates the Establishment Clause of the Constitution was enunciated by the Supreme Court in Lemon v.
		In holding that the provision did not violate the Establishment Clause, the Court explained that [f]or a law to have forbidden "effects" under Lemon, it must be fair to say that the government itself has advanced religion through its own activities and influence.
		In Larkin, the statute held to be violative of the Establishment Clause authorized churches to prevent the government from issuing liquor licenses to any establishment within a 500-foot radius of the church.
	www.jlaw.com /Briefs/becher5.html (2425 words)

	First amendment - Wex (Site not responding. Last check: 2007-11-02)
		The First Amendment of the United States Constitution (http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmenti) protects the right to freedom of religion and freedom of expression from government interference.
		The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress.
		The free exercise clause prohibits the government, in most instances, from interfering with a persons practice of their religion.
	www.law.cornell.edu /topics/first_amendment.html (712 words)

	CSP - "Entheogens and the Free Exercise Clause" (Site not responding. Last check: 2007-11-02)
		In addition to the fundamental question of whether or not the anti-drug law burdens the person's religion, courts have examined: (a) whether or not the person is sincere in claiming he or she uses entheogens for religious purposes; and (b) whether or not use of the entheogen is indispensable or central to the person's religion.
		Therefore, a person seeking First Amendment protection for religious entheogen use, should consider making clear in their personal declaration that entheogen use is the "theological heart" of their religion; that entheogen use is a central and necessary component to his or her sincerely held religious beliefs.
		Once a person has satisfied the first prong of the CSI analysis, the burden of proof shifts to the government to establish the second prong; namely, to show that the burden on religion is justified by a compelling state interest.
	www.csp.org /society/docs/telr-free_exercise.html (3824 words)

	[No title]
		Subsequent decisions have consistently held that the right of free exercise does not relieve an individual of the obligation to comply with a "valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes)." In Prince v.
		Moreover, that person is barred from freely exercising his religion regardless of whether the law prohibits the conduct only when engaged in for religious reasons, only by members of that religion, or by all persons.
		Instead, we have respected both the First Amendment's express textual mandate and the governmental interest in regulation of conduct by requiring 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.
	www.ucs.louisiana.edu /~ras2777/civlib/smith.html (5569 words)

	Introduction to the Free Speech Clause of the First Amendment
		of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
		Although First Amendment jurisprudence is almost entirely a creation that began in the 20th century, common law protection for free speech began much earlier, in the 18th and 19th centuries.
		Although a few First Amendment cases, often involving obscenity, were decided by the federal courts in the 1800s, it was not until World War I that the Supreme Court really began to develop the jurisprudence that will be our study.
	www.law.umkc.edu /faculty/projects/ftrials/conlaw/firstaminto.htm (1184 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_of_the_First_Amendment (934 words)

	[No title]
		The respondents freely concede, and indeed assert as an article of faith, that their religious beliefs and what we would today call "life style" have not altered in fundamentals for centuries.
		Wisconsin concedes that under the Religion Clauses religious beliefs are absolutely free from the State's control, but it argues that "actions," even though religiously grounded, are outside the protection of the First Amendment.
		It is true that activities of individuals, even when religiously based, are often subject to regulation by the States in the exercise of their undoubted power to promote the health, safety, and general welfare, or the Federal Government in the exercise of its delegated powers.
	www.ucs.louisiana.edu /~ras2777/civlib/yoder.html (3514 words)

	[No title] (Site not responding. Last check: 2007-11-02)
		Whether thejury in this case was adequately instructed not to impose tort liability on the Church of Scientology based on its religious beliefs or conduct protected by the free exercise clause of the First Amendment.
		This history of litigation -- often implicating petitioner's claim that its activities were protected by the free exercise clause of the First Amendment -- also was recently described by the Court of Appeals for the District of Columbia Circuit in Founding Church of Scientology v.
		First, this Court historically has been reluctant to modify the states' substantive laws of tort liability and remedies on constitutional grounds.
	www.whyaretheydead.net /misc/Factnet/3-27-90.TXT (3533 words)

	National Newspaper Association (Site not responding. Last check: 2007-11-02)
		Before Smith, the Court often ruled that the First Amendment required government to demonstrate a compelling state interest before denying a religious exemption to a law or regulation.
		What these legal twists and turns mean for religious Americans is this: The First Amendment no longer does much to protect free exercise of religion from government laws that apply to everyone.
		Charles C. Haynes is senior scholar at the First Amendment Center, 1101 Wilson Blvd., Arlington, Va. 22209.
	www.nna.org /GR/religiousfreedom.html (734 words)

	[No title]
		The constitutionally guaranteed right of the free exercise of religion is impaired when members of the groups mentioned, compelled by their religious conscience to refrain from work on their Holy Day, are deprived by the state of unemployment benefits which the law grants generally to other members of the community.
		The Free Exercise of Religion Clause of the First Amendment, like all constitutional guarantees of liberty, protects the individual, be he a member of a group which is a minority or majority in his community, against action by the government.
		The free exercise cases which have been the concern of our courts in recent years have involved limitations and restraints which were sought to be imposed on specific religious groups and which had the effect of discriminating against such groups or placing them at a disadvantage.
	www.yale.edu /lawweb/avalon/curiae/html/374-398/005.htm (4467 words)

	Keeping Faith
		Coalition for the Free Exercise of Religion members and some law professors argue that before the 1990 Smith decision (involving whether people fired for religious-ceremonial use of peyote could claim unemployment compensation), the Supreme Court had used the "compelling interest" and "least-restrictive means" tests in free exercise of religion claims.
		The free-exercise clause of the First Amendment does, however, protect citizens against government actions and laws created with intent to regulate religious actions or beliefs, Scalia said.
		Courts should first ask whether the government law or action that subverts religious practices "was the result of an attempt by the majority to impose its religious preferences on nonconformist minority religions," McCoy said.
	www.freedomforum.org /packages/first/keepingfaith/part3.htm (1843 words)

	NH Politics: United States Case Law: Supreme Court
		The State's interest in universal education is not totally free from a balancing process when it impinges on other fundamental rights, such as those specifically protected by the Free Exercise Clause of the First Amendment and the traditional interest of parents with respect to the religious upbringing of their children.
		And, when the interests of parenthood are combined with a free exercise claim of the nature revealed by this record, more than merely a "reasonable relation to some purpose within the competency of the State" is required to sustain the validity of the State's requirement under the First Amendment.
		First, respondents' motion to dismiss in the trial court expressly asserts, not only the religious liberty of the adults, but also that of the children, as a defense to the prosecutions.
	www.mainstream.com /nhpolitics/getcase.wisconsin.html (10966 words)

	P.O.V. - In The Light Of Reverence . In The Classroom . Freedom of Religion \| PBS
		The subject of this lesson is the Establishment Clause and the Free Exercise Clause of the First Amendment.
		For example, the Wintu might claim that their First Amendment rights were being violated if the Forest Service did not allow them to worship at their spring, or permitted its use in ways that interfered with their practices.
		Then write "or prohibiting the free exercise thereof." Write next to it "Free Exercise Clause" and explain that it ensures that individuals are free to practice religion as they choose.
	www.pbs.org /pov/pov2001/inthelightofreverence/lessonplan1.html (3109 words)

	GOPUSA - Opinion Central
		In reality, their lawsuits aim to prohibit Moore from exercising his First Amendment right to the free exercise of religion, which is an equally important clause in the First Amendment.
		In order to sue Justice Moore in the first place, the ACLU found some local attorneys who were willing to be clients and claim to be victims of discrimination, alleging that their clients could not get a fair trial in Justice Moore's courtroom because of the monument.
		Since judges are free to adorn their courthouses with non-religious decorations, the impression people get who visit courthouses is that the judges have many likes - because they'll see their Monet paintings and domestic violence pamphlets - but religion isn't one of them.
	www.gopusa.com /opinion/ra_0825p.shtml (1383 words)

	THE ESTABLISHMENT CLAUSE - FREE EXERCISE CLAUSE
		The First Amendment to the U.S. Constitution provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The first part of this provision is known as the Establishment Clause, and the second part is known as the Free Exercise Clause.
		Although the First Amendment only refers to Congress, the U.S. Supreme Court has held that the Fourteenth Amendment makes the Free Exercise and Establishment Clauses also binding on states.
		The Supreme Court held in 1981 that it was unconstitutional for a state university to prohibit a religious group from using its facilities when the facilities were open for use by organizations of all other kinds.
	www.arch.ksu.edu /jwkplan/images/religion.htm (292 words)

	Religion in Schools - Balancing First Amendment Rights
		Justice Souter noted that it is clear that graduation prayer cannot be justified as a permissible accommodation of religion under the Free Exercise Clause of the First Amendment.
		The 7th Circuit found that the free speech rights of individuals and religious groups to engage in religious expression is subservient to Establishment Clause concerns where those individuals or groups seek to observe their religion in a manner that unduly involves the government.
		The Establishment Clause of the First Amendment must be carefully balanced against the Free Exercise Clause of the First Amendment, which provides that government actions directed at religion whaich burden the individual free exercise of religion can only be sustained if they are narrowly tailored to a compelling state interest.
	www.whittedclearylaw.com /CM/Publications/Publications146.asp (2607 words)

	Untitled Document
		The free exercise clause and the establishment clause can be in tension with each other.
		If prohibiting the exercise of religion is merely the incidental effect of a neutral, generally applicable and otherwise valid provision, the free exercise clause of the first amendment has not been offended.
		The Hialeah city council ordinances that outlaw ritual animal sacrifice violate the free exercise clause of the first amendment.
	faculty.gvsu.edu /richardm/html/307exerc.htm (868 words)

	Indianapolis Baptist Temple - The Trumpet
		In recognition of this history leading to the adoption of the First Amendment, the Supreme Court, in 1892 struck down the Federal government’s attempt to impose the general statutory laws to a Church.
		A finding by this Court that the First Amendment prohibits the imposition of the employer tax laws to the Church, IBT, is consistent with the recent Supreme Court decision in the case of Corporation of the Presiding Bishop v.
		The imposition of the Federal Employer Tax laws to IBT forbids IBT’s free exercise of the central tenet of IBT’s faith in the Lordship of Jesus Christ as the exclusive sovereign head of the Church and in His Holiness requiring the complete separation of the Church from the State.
	indianapolisbaptisttemple.com /trumpet/archives/may2000/appeal.html (5134 words)

	Fact sheet: Columbia v. Clarke
		CUC may have the opportunity at a later stage in the case to again bring its First Amendment challenge of Maryland's funding policies to the U.S. Supreme Court.
		Maryland contends that unlike other church-affiliated colleges that receive Father Sellinger Funds, CUC is "pervasively sectarian," and therefore ineligible for state assistance under the Establisment Clause of the First Amendment.
		CUC contends that a judicially supervised investigation of this nature itself violates the Free Exercise clause of the First Amendment, in that it requires government officials to make judgments about and distinctions between the religious practices of different church-affiliated schools.
	www.cir-usa.org /articles/columbia_v_clarke_fact_sheet.html (1040 words)

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