Free Exercise Clause

Definition

The Free Exercise Clause of the First Amendment to the U.S. Constitution protects the right of individuals to hold and practice their own religious beliefs without government interference or favoritism towards any particular religion.

5 Must Know Facts For Your Next Test

1. The Free Exercise Clause applies to both religious beliefs and religiously motivated conduct, though the level of protection may vary.
2. The Supreme Court has ruled that the government can impose some restrictions on religious practices, as long as the laws are neutral and generally applicable.
3. Laws that specifically target religious practices or beliefs are subject to strict scrutiny and must be the least restrictive means of achieving a compelling government interest.
4. The Free Exercise Clause has been interpreted to protect against government coercion of religious beliefs and practices, as well as discrimination based on religion.
5. The scope of the Free Exercise Clause has been debated, with some arguing for a broad interpretation to protect a wide range of religious activities, and others favoring a more limited view to prevent conflicts with other rights and government interests.

Review Questions

• Explain how the Free Exercise Clause relates to the concept of constitutional change.
  • The Free Exercise Clause has been a key part of the ongoing debate over the interpretation and application of the First Amendment, which is subject to constitutional change through judicial interpretation, legislative action, and the amendment process. As societal views on religion and religious freedom evolve, the scope and limits of the Free Exercise Clause have been reexamined and adjusted, contributing to the dynamic nature of constitutional change in the United States.
• Describe how the Supreme Court's rulings on the Free Exercise Clause have influenced the balance between individual religious freedom and government interests.
  • The Supreme Court's interpretation of the Free Exercise Clause has sought to strike a balance between protecting individuals' right to freely exercise their religion and the government's ability to impose reasonable restrictions to achieve important public interests. The Court has applied a strict scrutiny test when laws specifically target religious practices, but has also upheld neutral, generally applicable laws that incidentally burden religious exercise. This has led to an ongoing dialogue about the appropriate scope of the Free Exercise Clause and how it should evolve to address changing societal needs and concerns.
• Analyze how the changing social and political landscape has influenced the interpretation and application of the Free Exercise Clause over time.
  • The interpretation and application of the Free Exercise Clause has evolved in response to changing social and political attitudes towards religion and religious freedom. As the religious diversity of the United States has increased, and as the role of religion in public life has been debated, the Supreme Court has had to adapt its jurisprudence to address new challenges and competing interests. This has led to a dynamic and sometimes contentious process of constitutional change, as the courts, legislators, and the public grapple with balancing individual religious liberty with the government's need to maintain order and promote the general welfare.

Related terms

Establishment Clause:

The Establishment Clause of the First Amendment prohibits the government from establishing or favoring any particular religion.

Religious Freedom: The fundamental human right to freely hold, practice, and express one's religious or spiritual beliefs.

Strict Scrutiny:

The highest level of judicial review, where the government must demonstrate a compelling interest and use the least restrictive means to achieve that interest when infringing on a fundamental right like the free exercise of religion.