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Free Exercise clause (view source)
Revision as of 16:45, September 26, 2018
, 16:45, September 26, 2018→Further reading: HTTP --> HTTPS [#1], replaced: http://books.google.com → https://books.google.com (2)
:"Congress shall make no law ... prohibiting the free exercise" of religion.
:"Congress shall make no law ... prohibiting the free exercise" of religion.
This provision has been applied against the states also, thereby prohibiting some types of government interference with the exercise of religion. However, government interferences is permitted under some circumstances. For example, In ''Employment Division v. Smith'' (1990), the [[Supreme Court]] ruled that using illegal drugs in a religious ceremony is illegal.<ref>US Government and Politics</ref>
This provision has been applied against the states also, thereby prohibiting some types of government interference with the exercise of religion. However, government interference is permitted under some circumstances. For example, In ''Employment Division v. Smith'' (1990), the [[Supreme Court]] ruled that using illegal drugs in a religious ceremony is illegal.
In recent years conservative majorities on the Supreme Court have used Free Exercise to permit religious activities in public places, such as schools, that liberals want to ban using the [[Establishment clause]]. The line is that religious activities sponsored by the government or public schools are not allowed, but religious activities sponsored by private citizens using public facilities are allowed. Furthermore, the government is not allowed to discriminate against religious activities because of their religious content when such activities would otherwise be allowed. That is a student group with religious goals cannot be banned if an identical group with nonreligious goals is not banned.
==Further reading==
* Cookson, Catharine. ''Encyclopedia of religious freedom'' (2003) 553pp; [https://books.google.com/books?id=R0PrjC1Ar7gC&dq=%22supreme+court%22+%22free+exercise%22&lr=&as_drrb_is=q&as_minm_is=0&as_miny_is=&as_maxm_is=0&as_maxy_is=&num=30&as_brr=0&as_pt=ALLTYPES excerpts and text search]
* Witte, John. '' Religion and the American constitutional experiment'' (2004) 322 pages [https://books.google.com/books?id=GmXC3SikME4C&dq=%22supreme+court%22+%22free+exercise%22&lr=&as_drrb_is=q&as_minm_is=0&as_miny_is=&as_maxm_is=0&as_maxy_is=&num=30&as_brr=0&as_pt=ALLTYPES excerpt and text search]
==See also==
* [[Separation of Church and State]]
* [[Establishment clause]]
* [[Lemon test]]
* [[Lemon v. Kurtzman]]
====References====
<references/>
<references/>
[[Category:United States Government]]
[[Category:United States History]]
[[category:Constitution]]
[[Category:United States Constitution]]
[[Category:Religion and Politics]]
[[Category:First Amendment]]