These state provisions, prohibiting most businesses from operating on the Christian Sabbath, were variously claimed to violate equal protection, due process, non-establishment, and free exercise
The main purpose of this volume is to explore the many areas of free exercise
law that have occupied federal (and sometimes state) courts, legislatures, and agencies--and to suggest reforms that will bring greater freedom, fairness, and firmness to each of these areas of law.
Where [section] 501(c)(3) has excluded religious Americans from participating in the political process leading up to the enactment of a statute, the statute may not really be neutral or equal, and therefore, under Smith, the judges have reason to question whether it is compatible with the First Amendment's Free Exercise
13) The originalist framework posits that free exercise
protects a certain type of action--religious action.
6) The HHS mandate, therefore, requires these employers, who seek to implement their religious beliefs in and through their companies, to provide and pay for health coverage that violates their sincerely held religious beliefs in violation of the Free Exercise
Clause of the First Amendment and RFRA.
deflation of the Free Exercise
Clause was initiated by the United States
As the Court made clear in Lukumi, non-profit corporations have free exercise
rights under the First Amendment.
Constitution provides, in part, that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
While Perry justifiably expresses concern over the free exercise
rights of religious groups, tipping the balance in favor of religious practice over freedom from religion raises the minority-protection problem Ackerman foresaw.
In advocating a pluralistic interpretation of the Free Exercise
clause, Evans makes no pretense to have set out an original position, and like anyone who suggests that the best way forward to is balance a range of goods (both pluralism and comprehensive association), Evans is vulnerable to those who would claim that she has given no clear idea as to how one is to determine the ranking on a case-to-case basis.
The Fourth Amendment says, in part, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
Part 2, "Problems," traces the Supreme Court's tortured "progress" in developing doctrine on the free exercise
of religion, and then raises a question about America's "civic religion" (with a nod to Robert Bellah) in light of the ban on establishment of religion.