what is the free exercise clause?

3 hours ago 3
Nature

The Free Exercise Clause is a provision in the First Amendment of the U.S. Constitution that protects American citizens' right to practice their religion freely without government interference. It states that "Congress shall make no law ... prohibiting the free exercise [of religion]"

. This means individuals are free to hold religious beliefs and engage in religious rituals according to their conscience. The Clause protects both religious beliefs and some actions motivated by those beliefs, as long as the practices do not violate public morals or a compelling governmental interest

. The Supreme Court has interpreted this to mean that while belief is absolute, conduct based on religious belief can be regulated if the law is neutral and generally applicable, not targeting religion specifically

. Historically, the Clause was first applied to the states through the Fourteenth Amendment in the 1940 case Cantwell v. Connecticut

. Key Supreme Court decisions have shaped its application, including:

  • Reynolds v. United States (1878), which upheld laws against polygamy despite religious beliefs
  • Employment Division v. Smith (1990), which ruled that neutral laws of general applicability do not violate the Clause even if they incidentally burden religious practices
  • Church of Lukumi Babalu Aye v. City of Hialeah (1993), which struck down laws targeting specific religious practices without a compelling interest

In summary, the Free Exercise Clause ensures freedom of religion by barring government from prohibiting religious beliefs and protecting religious practices unless they conflict with important public interests or laws applied neutrally