The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:
| “ | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... | ” |
In 1878, the Supreme Court was first called to interpret the extent of the Free Exercise Clause in Reynolds v. United States, as related to the prosecution of polygamy under federal law. The Supreme Court upheld Reynolds' conviction for bigamy, deciding that to do otherwise would provide constitutional protection for a gamut of religious beliefs, including those as extreme as human sacrifice. The Court said (at page 162): "Congress cannot pass a law for the government of the Territory which shall prohibit the free exercise of religion. The first amendment to the Constitution expressly forbids such legislation." Of federal territorial laws, the Court said: "Laws are made for the government of actions, and while they cannot interfere with mere religious beliefs and opinions, they may with practices."
Jehovah's Witnesses were often the target of such restriction. Several cases involving the Witnesses gave the Court the opportunity to rule on the application of the Free Exercise Clause. Subsequently, the Warren Court adopted an expansive view of the clause, the "compelling interest" doctrine (whereby a state must show a compelling interest in restricting religion-related activities), but later decisions have reduced the scope of this interpretation.
Read more about Free Exercise Clause: Overview, Jehovah's Witnesses Cases, Compelling Interest
Famous quotes containing the words free, exercise and/or clause:
“Partisanship should be kept out of the pulpit.... The blindest of partisans are preachers. All politicians expect and find more candor, fairness, and truth in politicians than in partisan preachers. They are not replied to—no chance to reply to them.... The balance wheel of free institutions is free discussion. The pulpit allows no free discussion.”
—Rutherford Birchard Hayes (1822–1893)
“I talk democracy to these men and women. I tell them that they have the vote, and that theirs is the kingdom and the power and the glory. I say to them “You are supreme: exercise your power.” They say, “That’s right: tell us what to do;” and I tell them. I say “Exercise your vote intelligently by voting for me.” And they do. That’s democracy; and a splendid thing it is too for putting the right men in the right place.”
—George Bernard Shaw (1856–1950)
“Long ago I added to the true old adage of “What is everybody’s business is nobody’s business,” another clause which, I think, more than any other principle has served to influence my actions in life. That is, What is nobody’s business is my business.”
—Clara Barton (1821–1912)