The Free Exercise Clause in the US Constitution protects religious freedoms and prevents the government from interfering with the practice of faith. However, there are limits, and laws that have a compelling interest, such as homicide laws, may limit religious practices. Challenges to policies and laws have relied on this clause throughout American history.
The Free Exercise Clause is a component of the Bill of Rights in the United States Constitution which states that the government may not interfere with the exercise of religious belief. It is coupled with the establishment clause in the First Amendment, in the section that reads “Congress shall make no law respecting an institution of religion or prohibiting the free exercise thereof.” This clause has been interpreted to mean that the religious freedoms of people in the United States are protected and that the government cannot be involved in the practice and expression of the faith.
Under the clause, Congress cannot pass a law that would have the effect of stopping the practice of religious faith. For example, Congress cannot ban Communion, a rite in some Christian sects, because it would be a violation of the First Amendment. The Constitution guarantees that the government cannot establish its own religion or give a particular religious preference, and it cannot dictate when and how people practice their faith.
There are some limits to the interpretation of the free exercise clause. While Congress cannot target a specific religion with a law, it is generally accepted that, if a law has the unintended effect of restricting religious practice, it will resist the challenge. For example, murder is illegal. If people sought to argue that human sacrifice was a component of their religious practice and challenged homicide laws under this clause, the courts would rule that because these laws are not intended to restrict the expression of faith, should be allowed to remain in force.
Another component of the challenges is the concept of compelling interest. The government can pass laws that have the effect of limiting religious practices if it has a compelling interest to do so. Homicide laws are an excellent example of compelling interest, and challenges to polygamy laws have also risen in court. On the other hand, attempts to outlaw the religious use of peyote by Native Americans have failed because courts have ruled that the government has no coercive use in regulating the religious use of the drug.
Freedom of religion is very important to many people in the United States. Periodic challenges to policy and the law have relied on the free exercise clause to argue that the boundaries of freedom of religious belief have been crossed. The interpretation of this clause has fluctuated throughout American history, depending on the composition of the courts and general social attitudes.
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