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:
“Louise Bryant: I’m sorry if you don’t believe in mutual independence and free love and respect.
Eugene O’Neill: Don’t give me a lot of parlor socialism that you learned in the village. If you were mine, I wouldn’t share you with anybody or anything. It would be just you and me. You’d be at the center of it all. You know it would feel a lot more like love than being left alone with your work.”
—Warren Beatty (b. 1937)
“... work is only part of a man’s life; play, family, church, individual and group contacts, educational opportunities, the intelligent exercise of citizenship, all play a part in a well-rounded life. Workers are men and women with potentialities for mental and spiritual development as well as for physical health. We are paying the price today of having too long sidestepped all that this means to the mental, moral, and spiritual health of our nation.”
—Mary Barnett Gilson (1877–?)
“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)