Free Exercise Clause

E1214

The Free Exercise Clause is a provision of the U.S. Constitution that protects individuals’ rights to practice their religion without undue government interference.


Statements (49)
Predicate Object
instanceOf constitutional clause
legal doctrine
adoptedOn 1791
allows neutral laws of general applicability to burden religion in some circumstances
appliesTo corporations in some contexts
federal government of the United States
individuals
religious organizations
state governments of the United States
basisForDoctrine ministerial exception
category First Amendment rights
civil liberties
freedom of religion
contrastedWith Establishment Clause
draftedBy First United States Congress
enforcedBy Supreme Court of the United States
extendedToStatesBy Fourteenth Amendment to the United States Constitution
foundInDocument Bill of Rights
United States Constitution
historicalContext response to concerns about religious persecution
incorporatedThrough Due Process Clause of the Fourteenth Amendment
influencedBy James Madison
Virginia Declaration of Rights
interpretedInCase Burwell v. Hobby Lobby Stores, Inc.
Cantwell v. Connecticut
Church of the Lukumi Babalu Aye v. City of Hialeah
Employment Division v. Smith
Fulton v. City of Philadelphia
Masterpiece Cakeshop v. Colorado Civil Rights Commission
Reynolds v. United States
Sherbert v. Verner
Wisconsin v. Yoder
languageAppliesTo Congress
legalStandardHistoricallyAssociatedWith compelling interest test
strict scrutiny
limits government ability to burden religious exercise
locatedInJurisdiction United States
partOf First Amendment to the United States Constitution
prohibits government discrimination based on religion
government interference with religious exercise
laws targeting specific religions
protects free exercise of religion
religious belief
religious practice
protectsAgainst undue government interference with religious practice
relatedLegislation Religious Freedom Restoration Act
Religious Land Use and Institutionalized Persons Act
relatedTo religious liberty in the United States
text "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"

Referenced by (25)
Subject (surface form when different) Predicate
Establishment Clause
No Religious Test Clause
Petition Clause
Religious Freedom Restoration Act
relatedTo
Masterpiece Cakeshop v. Colorado Civil Rights Commission
Thomas v. Review Board of the Indiana Employment Security Division
Wisconsin v. Yoder
constitutionalProvision
Adele Sherbert ("Free Exercise Clause of the First Amendment")
Cantwell v. Connecticut
constitutionalProvisionInvolved
Cantwell v. Connecticut ("The Free Exercise Clause of the First Amendment is applicable to the states through the Fourteenth Amendment.")
Wisconsin v. Yoder ("The Free Exercise Clause of the First Amendment prohibits the State of Wisconsin from compelling Amish parents to send their children to formal high school after the eighth grade.")
holding
Sherbert test ("Free Exercise Clause of the First Amendment")
appliesTo
Alfred Leo Smith ("free exercise clause")
associatedWithConcept
Verner, Administrator, Employment Security Commission of South Carolina ("Free Exercise Clause of the First Amendment")
associatedWithLegalPrinciple
Sherbert v. Verner
constitutionalClause
Reynolds v. United States
constitutionalProvisionInterpreted
United States Constitution
contains
First Amendment to the United States Constitution
containsClause
Employment Division v. Smith
hasConstitutionalProvision
Fulton v. City of Philadelphia ("Free Exercise Clause of the First Amendment")
hasLegalIssue
Virginia Statute for Religious Freedom ("Free Exercise Clause of the United States Constitution")
influenced
Church of the Lukumi Babalu Aye v. City of Hialeah ("Free Exercise Clause of the First Amendment")
legalIssue
George Reynolds ("First Amendment free exercise of religion")
legalPrincipleAtIssue
Assembly Clause
oftenInterpretedTogetherWith
Frazee v. Illinois Department of Employment Security
relatedDoctrine

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