Free Exercise of Religion
In Sherbert v. Verner, the Supreme Court required states to meet the "strict scrutiny" standard when refusing to accommodate religiously motivated conduct. This meant that a government needed to have a "compelling interest" regarding such a refusal. The case involved Adele Sherbert, who was denied unemployment benefits by South Carolina because she refused to work on Saturdays, something forbidden by her Seventh-day Adventist faith. In Wisconsin v. Yoder, the Court ruled that a law that "unduly burdens the practice of religion" without a compelling interest, even though it might be "neutral on its face," would be unconstitutional.
The need for a compelling interest was narrowed in Employment Division v. Smith, which held no such interest was required under the Free Exercise Clause regarding a law that does not target a particular religious practice. In Church of Lukumi Babalu Aye v. City of Hialeah, the Supreme Court ruled Hialeah had passed an ordinance banning ritual slaughter, a practice central to the Santería religion, while providing exceptions for some practices such as the kosher slaughter. Since the ordinance was not "generally applicable," the Court ruled that it needed to have a compelling interest, which it failed to have, and so was declared unconstitutional.
In 1993, the Congress passed the Religious Freedom Restoration Act (RFRA), which sought to restore the compelling interest requirement applied in Sherbert and Yoder. In City of Boerne v. Flores, the Court struck down the provisions of the Act that forced state and local governments to provide protections exceeding those required by the First Amendment on the grounds that while the Congress could enforce the Supreme Court's interpretation of a constitutional right, the Congress could not impose its own interpretation on states and localities. According to the court's ruling in Gonzales v. UDV, RFRA remains applicable to federal laws and so those laws must still have a "compelling interest".
Read more about this topic: First Amendment To The United States Constitution
Famous quotes containing the words free, exercise and/or religion:
“A nation grown free in a single day is a child born with the limbs and the vigour of a man, who would take a drawn sword for his rattle, and set the house in a blaze that he might chuckle over the splendour.”
—Sydney Smith (1771–1845)
“They should not play life, or study it merely, while the community supports them at this expensive game, but earnestly live it from beginning to end. How could youths better learn to live than by at once trying the experiment of living? Methinks this would exercise their minds as much as mathematics.”
—Henry David Thoreau (1817–1862)
“When Catholicism goes bad it becomes the world-old, world-wide religio of amulets and holy places and priestcraft. Protestantism, in its corresponding decay, becomes a vague mist of ethical platitudes. Catholicism is accused of being too much like all the other religions; Protestantism of being insufficiently like a religion at all. Hence Plato, with his transcendent Forms, is the doctor of Protestants; Aristotle, with his immanent Forms, the doctor of Catholics.”
—C.S. (Clive Staples)