Legal Protections for Religious Freedom
Overview of Law and Supreme Court Cases
Since 1879, the Supreme Court has drawn an important distinction in religious freedom cases, noting that religious exercise includes both protection of religious beliefs and actions based on those beliefs. The Court has permitted the government to regulate actions stemming from religious belief, but not the religious belief itself. Over time, the constitutional protection against interference with religious beliefs has been augmented by statute. Constitutional Protection The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Historically, the U.S. Supreme Court had interpreted the Free Exercise Clause to require…
