Free Exercise Clause

Free Exercise Clause is a provision in the First Amendment of the United States Constitution that guarantees the right of individuals to practice their religion without government interference. The clause states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

History

The Free Exercise Clause was adopted as part of the Bill of Rights in 1791. The clause was included to ensure that the new federal government did not establish a national religion, and that individuals were free to practice their religion without fear of government interference.

Interpretation

The interpretation of the Free Exercise Clause has been a subject of much debate. The United States Supreme Court has ruled in a number of cases that the government cannot interfere with religious practices unless there is a compelling government interest. This is known as the "compelling interest" test.

In the landmark case of Employment Division v. Smith, the Supreme Court ruled that the government could restrict religious practices if the law was neutral and generally applicable. This decision has been criticized by some who believe it weakens the protections of the Free Exercise Clause.

Impact

The Free Exercise Clause has had a significant impact on American society. It has been used to protect the rights of individuals to practice their religion in a variety of contexts, including in the workplace, in schools, and in public spaces.

See also

• Establishment Clause
• Religious Freedom Restoration Act
• Sherbert v. Verner

References

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