Freedom of Religion - Free Exercise

Question 1

Free Exercise Clause

Answer 1

includes the freedom to believe and the freedom to act

Question 2

Religious Belief

Answer 2

the freedom to believe in any religion or none at all is absolutely protected and cannot be restricted by law

gov’t may not:

1. deny benefits or impose burdens based on religious belief
2. require affirmation of a belief; or
3. determine the reasonableness of a belief (may determine sincerity of the person asserting the belief)

Question 3

Religious Conduct

Answer 3

not absolutely protected

generally, state laws that intentionally target religious conduct are subject to strict scrutiny

neutral laws of general applicability that have an impact on religious conduct are only subject to the rational basis test

Under the Religious Freedom Restoration Act, neutral laws of general applicability are subject to strict scrutiny if they substantially burden free exercise of religion