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The history of the Supreme Court's interpretation of the Free Exercise Clause follows a broad arc, beginning with approximately 100 years of little attention, then taking on a relatively narrow view of the governmental restrictions required under the clause, growing into a much broader view in the 1960s, and later again receding.
Sherbert v. Verner, 374 U.S. 398 (1963), was a case in which the Supreme Court of the United States held that the Free Exercise Clause of the First Amendment required the government to demonstrate both a compelling interest and that the law in question was narrowly tailored before it denied unemployment compensation to someone who was fired because her job requirements substantially conflicted ...
Clause Name Article Section Clause 1808 Clause [citation needed] I: 9: 1 Admissions Clause: IV: 3: 1 Advice and Consent Clause: II: 2: 2 Appointments Clause: II: 2: 2 Apportionment of Representatives and Taxes Clause: I: 2: 3 Arisings Clause [citation needed] III: 2: 1 Basket Clause: I: 8: 18 Case or Controversy Clause: III: 2: 1 Coefficient ...
Cantwell v. Connecticut, 310 U.S. 296 (1940), is a landmark court decision [1] [2] by the United States Supreme Court holding that the First Amendment's federal protection of religious free exercise incorporates via the Due Process Clause of the Fourteenth Amendment and so applies to state governments too.
O'Lone v. Estate of Shabazz, 482 U.S. 342 (1987), was a U.S. Supreme Court decision involving the constitutionality of prison regulations. The court ruled that it was not a violation of the Free Exercise Clause of the First Amendment to deprive an inmate of attending a religious service for "legitimate penological interests."
"Separation of church and state" is a metaphor paraphrased from Thomas Jefferson and used by others in discussions of the Establishment Clause and Free Exercise Clause of the First Amendment to the United States Constitution, which reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof".
The Free Exercise Clause of the First Amendment states that Congress shall not pass laws prohibiting the free exercise of religion. In the 1960s, the Supreme Court interpreted this as banning laws that burdened a person's exercise of religion (e.g. Sherbert v. Verner, 374 U.S. 398 (1963); Wisconsin v. Yoder, 406 U.S. 205 (1972)). But in the ...
The Court has described the power as "remedial." The design of the Amendment and the text of § 5 are inconsistent with the suggestion that Congress has the power to decree the substance of the Fourteenth Amendment's restrictions on the States. Legislation which alters the meaning of the Free Exercise Clause cannot be said to be enforcing the ...