In 1940, the Supreme Court held in Cantwell v. As such, state and local governments could abridge the Free Exercise Clause as long as there was no similar provision in the state constitution. When the First Amendment was drafted, it applied only to the U.S. At various times, the Court has either applied a broad or narrow application of the clause. Historically, the Supreme Court has been inconsistent in dealing with this problem. In that case, we have a First Amendment in conflict with itself-the Establishment Clause forbidding what the Free Exercise Clause requires. Some say, though, that it is a violation of the Establishment Clause for the government to give any special benefit or recognition of religion. If there is a constitutional requirement for accommodation of religious conduct, it will most likely be found in the Free Exercise Clause. Such a special benefit seems to violate the neutrality between “religion and non-religion” mandated by the Establishment Clause. As mentioned previously, the Free Exercise Clause implies special accommodation of religious ideas and actions, even to the point of exemptions to generally applicable laws. In the terms of economic theory, the Free Exercise Clause promotes a free religious market by precluding taxation of religious activities by minority sects.Ĭonstitutional scholars and even Supreme Court opinions have contended that the two religion clauses are in conflict. More importantly, the wording of state constitutions suggest that “free exercise envisions religiously compelled exemptions from at least some generally applicable laws.” The Free Exercise Clause not only protects religious belief and expression it also seems to allow for violation of laws, as long as that violation is made for religious reasons. The Clause protects not just religious beliefs but actions made on behalf of those beliefs. Free-exercise clauses of state constitutions which protected religious “pinion, expression of opinion, and practice were all expressly protected” by the Free Exercise Clause. The Free Exercise Clause reserves the right of American citizens to accept any religious belief and engage in religious rituals. Free Exercise Clause refers to the section of the First Amendment italicized here:Ĭongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
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