Religion

The Free Exercise Clause guarantees a person the right to practice a religion and propagate it without government interference. This right is a liberty interest that cannot be deprived without

In 1954, children say a prayer to open the first day of classes in the newly desegregated Washington, D.C., schools. Prayer continued to be a part of the daily routine in some schools for many years.
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DUE PROCESS OF LAW. Although the government cannot restrict a person's religious beliefs, it can limit the practice of faith when a substantial and compelling state interest exists. The courts have found that a substantial and compelling STATE INTEREST exists when the religious practice poses a threat to the health, safety, or WELFARE of the public. For example, the government could legitimately outlaw the practice of POLYGAMY that was formerly mandated by the doctrines of the Church of Jesus Christ of Latter-Day Saints (Mormons) but could not outlaw the religion or belief in Mormonism itself (Reynolds v. United States, 98 U.S. 145, 25 L. Ed. 244 [1878]). The Supreme Court has invalidated very few actions of the government on the basis of this clause.

Religious practices are not the only method by which a violation of the Free Exercise Clause can occur. In West Virginia State Board of Education v. Barnette, 319 U.S. 624, 63 S. Ct. 1178, 87 L. Ed. 1628 (1943), the Supreme Court held that a public school could not expel children because they refused on religious grounds to comply with a requirement of saluting the U.S. flag and reciting the Pledge of Allegiance. In that case, the children were Jehovah's Witnesses, and they believed that saluting the flag fell within the scope of the biblical command against worshipping false gods.

A more recent decision by the Ninth Circuit Court of Appeals ignited a firestorm of controversy. The appeals court, in Newdow v. U.S. Congress, 292 F.3d 597 (9th Cir. 2002), ruled that Congress had violated the Establishment Clause when, in 1954, it inserted the words "Under God" into the pledge. Therefore, a California school district's daily recitation of the Pledge of Allegiance injured the daughter of an atheist father, for the pledge sent a message to her that she was an "outsider" and not a member of the political community. The defendants vowed to petition the Supreme Court to review the case. The Ninth Circuit stayed its ruling until the Supreme Court resolved the issue by either denying review or taking the appeal.

In Wisconsin v. Yoder, 406 U.S. 205, 92 S. Ct. 1526, 32 L. Ed. 2d 15 (1972), the Supreme Court held that state laws requiring children to receive education up to a certain age impinged upon the religious freedom of the Amish who refuse to send their children to school beyond the eighth grade because they believe that doing so would impermissibly expose the children to worldly influences that conflicted with Amish religious beliefs.

In 1993, Congress passed the controversial Religious Freedom Restoration Act (RFRA), which provides that "[g]overnment shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, "unless the government can demonstrate that the burden advances a compelling governmental interest in the least restrictive way. This statute was enacted in response to the Supreme Court's 1990 decision in Employment Division v. Smith, 494 U.S. 872, 110 S. Ct. 1595, 108 L. Ed. 2d 876. The Smith case involved a state law that denied UNEMPLOYMENT COMPENSATION benefits to anyone who had been fired from his or her job for job-related misconduct. This case involved two individuals who had been fired from their jobs for ingesting peyote, which was forbidden by state law. The individuals argued that their ingestion of peyote was related to a religious ceremony in which they participated. The Supreme Court ruled that the Free Exercise Clause did not require an exemption from the state law banning peyote use and that unemployment compensation could therefore lawfully be denied.

RFRA directly superseded the Smith decision. However, soon after it was enacted, many courts ruled that RFRA violated either the Establishment Clause or the SEPARATION OF POWERS doctrine. In the 1997 case of City of Boerne v. P. F. Flores, 1997 WL 345322, the U.S. Supreme Court voted 6–3 to invalidate RFRA on the grounds that Congress had exceeded the scope of its enforcement power under section 5 of the Fourteenth Amendment in enacting RFRA. Section 5 of the Fourteenth Amendment permits Congress to enact legislation enforcing the Constitutional right to free exercise of religion. However, the Court held that this power is limited to preventative or remedial measures. The court found that RFRA went beyond that and actually made substantive changes in the governing law. Because Congress exceeded its power under the Fourteenth Amendment in enacting RFRA, it contradicted vital principles necessary to maintain separation of powers and the federal-state balance and thus was unconstitutional.

Although the Free Exercise Clause protects against government action, it does not restrict the conduct of private individuals. For example, the courts generally will uphold a testator's requirement that a beneficiary attend a specified church to receive a testamentary gift because the courts refuse to question the religious views of a testator in the interest of public policy. Similarly, the Free Exercise Clause does not protect a person's religious beliefs from infringement by the actions of private corporations or businesses, although federal and state CIVIL RIGHTS laws may make such private conduct unlawful.

The government cannot enact a statute that wholly denies the right to preach or to disseminate religious views, but a state can constitutionally regulate the time, place, and manner of soliciting upon the streets and of conducting meetings in order to safeguard the peace, order, and comfort of the community. It can also protect the public against frauds perpetrated under the cloak of religion, as long as the law does not use a process amounting to a PRIOR RESTRAINT, which inhibits the free exercise of religion. In a 1951 case, the Supreme Court held that it was unconstitutional for a city to deny a Baptist preacher the renewal of a permit for evangelical street meetings, even though his previous meetings included attacks on Roman Catholicism and Judaism that led to disorder in the streets, because it constituted a prior restraint (Kunz v. New York, 340 U.S. 290, 71 S. Ct. 312, 95 L. Ed. 280).

State laws known as Sunday closing laws, which prohibit the sale of certain goods on Sundays, have been declared constitutional against the challenge of Orthodox Jews who claimed that the laws created an economic hardship for them because their faith requires them to close their businesses on Saturdays and who therefore wanted to do business on Sundays (Braunfield v. Brown, 366 U.S. 599, 81 S. Ct. 1144, 6 L. Ed. 2d 563 [1961]). The Supreme Court held that, although the law imposed an indirect burden on

religion, it did not make any religious practice itself unlawful.

In United States v. Lee, 455 U.S. 252, 102 S. Ct. 1051, 71 L. Ed. 2d 127 (1982), the Supreme Court upheld the requirement that Amish employers withhold SOCIAL SECURITY and unemployment insurance contributions from their employees, despite the Amish argument that this violated their rights under the Free Exercise Clause. The Court found that compulsory contributions were necessary to accomplish the overriding government interest in the proper functioning of the Social Security and unemployment systems.

The Supreme Court has also upheld the assignment and use of Social Security numbers by the government to be a legitimate government action that does not violate the Free Exercise Clause (Bowen v. Roy, 476 U.S. 693, 106 S. Ct. 2147, 90 L. Ed. 2d 735 [1986]).

In the 1989 case of Hernandez v. Commissioner of Internal Revenue, 490 U.S. 680, 109 S. Ct. 2136, 104 L. Ed. 2d 766, the Supreme Court held that the government's denial of a taxpayer's deduction from gross income of "fixed donations" to the Church of Scientology for certain religious services was constitutional. These fees were paid for certain classes required by the Church of Scientology, and the Court held that they did not classify as charitable contributions because a good or service was received in exchange for the fee paid.

In Jimmy Swaggart Ministries v. Board of Equalization, 493 U.S. 378, 110 S. Ct. 688, 107 L. Ed. 2d 796 (1990), the Court ruled that a religious organization is not exempt from paying a state's general sales and use taxes on the sale of religious products and religious literature.

Similarly, the Court decided in Heffron v. International Society for Krishna Consciousness (ISKCON), 452 U.S. 640, 101 S. Ct. 2559, 69 L. Ed. 2d 298 (1981), that a state rule limiting the sale or distribution of merchandise to specific booths was lawful, even when applied to ISKCON members whose beliefs mandated them to distribute or sell religious literature and solicit donations in public places.

Military regulations have also been challenged under the Free Exercise Clause. In Goldman v. Weinberger, 475 U.S. 503, 106 S. Ct. 1310, 89 L. Ed. 2d 478 (1986), the Supreme Court held that the Free Exercise Clause did not require the U.S. Air Force to permit an Orthodox Jewish serviceman to wear his yarmulke while in uniform and on duty. The Court found that the military's interest in discipline was sufficiently important to outweigh the incidental burden the rule had on the serviceman's religious beliefs.

However, a law that places an indirect burden on the practice of religion so as to impede the observance of religion or a law that discriminates between religions is unconstitutional. Thus, the Supreme Court has held that the denial of unemployment compensation to a Seventh-Day Adventist who was fired from her job and could not obtain any other work because of her refusal to work on Saturdays for religious reasons was unconstitutional (Sherbert v. Verner, 374 U.S. 398, 83 S. Ct. 1790, 10 L. Ed. 2d 965 [1963]). The Sherbert case was reaffirmed and applied in the 1987 case of Hobbie v. Unemployment Appeals Commission of Florida, 480 U.S. 136, 107 S. Ct. 1046, 94 L. Ed. 2d 190.

In the 1993 case of Church of the Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520, 113 S. Ct. 2217, 124 L. Ed. 2d 472, remanded on other grounds, the High Court overturned a city law that forbade animal slaughter insofar as the law banned the ritual animal slaughter by a particular religious sect. The Court found that the law was not a religiously neutral law of general applicability but was specifically designed to prevent a religious sect from carrying out its religious rituals.

In Cruz v. Beto, 405 U.S. 319, 92 S. Ct. 1079, 31 L. Ed. 2d 263 (1972), the Supreme Court affirmed that prisoners are entitled to their rights under the Free Exercise Clause, subject only to the requirements of prison security and discipline. Thus, the Court held that a Texas prison must permit a Buddhist prisoner to use the prison chapel and share his religious materials with other prisoners, just as any other prisoner would be permitted to so act.

States have been allowed to deny disability benefits, however, to applicants who refuse to submit to medical examinations for religious reasons. Courts have held that this is constitutional because the state has a compelling interest in verifying that the intended recipients of the tax-produced assistance are people who are legitimately entitled to receive the benefit. Likewise, states can regulate religious practices to protect the public health. Thus, state laws requiring the vaccination of all children before they are allowed to attend school are constitutional because the laws are designed to prevent the widespread epidemic of contagious diseases. Public health protection has been deemed to outweigh any competing interest in the exercise of religious beliefs that oppose any forms of medication or immunization.

A number of cases have involved the issue of whether there is a compelling state interest to require that a blood transfusion be given to a patient whose religion prohibits such treatment. In these cases, the courts look to the specific facts of the case, such as whether the patient is a minor or a mentally incompetent individual, and whether the patient came to the hospital voluntarily seeking help. The courts have generally authorized the transfusions in cases of minors or mentally incompetent patients in recognition of the compelling government interest to protect the health and safety of people. However, the courts are divided as to whether they should order transfusions where the patient is a competent adult who steadfastly refuses to accept such treatment on religious grounds despite the understanding that her or his refusal could result in death. As of 2003, the Supreme Court had not ruled on this issue, and therefore there was no final judicial opinion on the propriety of such orders.

The use of secular courts to determine intra-church disputes has raised issues under both the Free Exercise Clause and the Establishment Clause. The Supreme Court decided in the 1871 case of Watson v. Jones, 80 U.S. 679, 20 L. Ed. 666, that judicial intervention in cases involving ownership and control of church assets necessarily had to be limited to determining and enforcing the decision of the highest judicatory body within the particular religious group. For congregational religious groups, such as Baptists and Jews, the majority of the congregation was considered the highest judicatory body. In hierarchical religions, such as the Roman Catholicism and Russian Orthodoxy, the diocesan bishop was considered the highest judicatory authority. The Supreme Court consistently applied that principle until its 1979 decision in Jones v. Wolf, 443 U.S. 595, 99 S. Ct. 3020, 61 L. Ed. 2d 775. In that case, the Court held that the "neutral principles of law developed for use in all property disputes" could be constitutionally applied in intra-church litigation. Under this case, courts can examine the language of the church charters, real and PERSONAL PROPERTY deeds, and state statutes relating to the control of property generally.