NCJ Number
115053
Date Published
1986
Length
165 pages
Annotation
This study analyzes the text of the Free Exercise Clause of the Constitution, harmonizes the language with its history, and proposes a workable and principled scheme for the Free Exercise Clause that Justice Department attorneys can rely upon to analyze the myriad religious liberty cases they are increasingly assessing and managing.
Abstract
The study concludes that the Free Exercise Clause, as evident from its text and supported by its history, prohibits the state from enacting any law that either forbids or prevents an individual or institution from expressing or acting upon its sincere 'religious' beliefs, which includes beliefs based upon and emanating from either a duty to transcendent reality or an acknowledgement of extratemporal consequences for temporal actions. The Free Exercise Clause demands not only state neutrality toward religions and state abstention from regulation or religious belief, but also special protections for religion. According to the original understanding of the framers of the Constitution and the States that ratified the first amendment, the only exception to the general rule that the government has no right to interfere with the free exercise of religion is when government action is necessary to prevent obvious danger to the State's existence; to protect public peace, safety, and order; or to secure the religious liberty of others. Appendixes provide background materials in support of the body of the paper. 142 footnotes.