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:
“... living in England does not free the American the way living in France frees him because the french [sic] and the American do not have the sense of going on together, from the beginning they know that there is no going on together no past present and future ...”
—Gertrude Stein (1874–1946)
“He is not a true man of science who does not bring some sympathy to his studies, and expect to learn something by behavior as well as by application. It is childish to rest in the discovery of mere coincidences, or of partial and extraneous laws. The study of geometry is a petty and idle exercise of the mind, if it is applied to no larger system than the starry one.”
—Henry David Thoreau (1817–1862)
“It must appear impossible, that theism could, from reasoning, have been the primary religion of human race, and have afterwards, by its corruption, given birth to polytheism and to all the various superstitions of the heathen world. Reason, when obvious, prevents these corruptions: When abstruse, it keeps the principles entirely from the knowledge of the vulgar, who are alone liable to corrupt any principle or opinion.
”
—David Hume (1711–1776)