Lecture: Free Exercise of Religion and the Constitution

Introduction

• Discusses hypothetical situation: city/state banning alcohol.
  • Could affect religious practices (Communion, Passover).
  • Raises question of constitutionality under the First Amendment’s Free Exercise Clause.

Free Exercise Clause

• Text of the Clause: Congress shall make no law prohibiting the free exercise of religion.
  • Initially applies to Congress.
  • Courts extended it to the entire federal government and states via the 14th amendment.
• Implication: Individuals have free exercise rights against most government entities.

Prohibition of Free Exercise

• Targeted vs. General Laws:
  • Targeted Laws: Specifically prohibit religious activities (e.g., banning Communion).
    • Clearly unconstitutional.
  • General Laws: Apply broadly (e.g., banning alcohol consumption generally) but incidentally affect religious practices.
• Legal Interpretation:
  • Distinction between laws directly targeting religion and laws of general applicability.

Rights Under Free Exercise Clause

• Right Against Targeting:
  • Protects against laws targeting religious practices.
• Preferred Freedom:
  • Allows religious exemptions from general laws.

Supreme Court’s Stance

• Pre-1990: Supported the preferred freedom view.
• 1990 (Employment Division v. Smith):
  • Supreme Court ruled that free exercise is a right against targeting, not a preferred freedom.
  • Neutral laws apply to all, including religious adherents.

Examples and Impact

• General laws are applicable even if they incidentally affect religious practices (e.g., peyote use, polygamy, military service).
• Impact on Minority Religions:
  • Preferred freedom view offers more protection, especially for minority religions with unique practices.

Smith Decision and Congressional Response

• Congressional Reaction:
  • Displeased with Smith decision.
  • Enacted the Religious Freedom Restoration Act (RFRA).
  • Attempted to restore the pre-Smith interpretation.
• Supreme Court’s Response:
  • Struck down RFRA in relation to states but not federal law.

Current Legal Framework

• State Laws:
  • Governed by the Smith decision — neutral laws must be followed.
• Federal Laws:
  • Governed by RFRA — religious exercise is treated as preferred freedom.

Ongoing Free Exercise Questions

• Questions concerning:
  • Employers refusing health insurance coverage on religious grounds.
  • For-profit corporations asserting religious free exercise rights.
• Future Supreme Court decisions will continue to shape these discussions.

Conclusion

• Complexity of constitutional analysis in free exercise cases.
• The balance between secular authority and religious freedom continues to evolve.