Part XII: The Free Exercise of Religion

An Introduction To Constitutional Law Video Library: Sherbert v. Verner (1963), Wisconsin v. Yoder (1972), Employment Division v. Smith (1990), Church of the Lukumi Babalu Aye v. City of Hialeah (1993), Burwell v. Hobby Lobby Stores (2014)

Generally Applicable Laws Burdening Free Exercise

⚖️ Sherbert v. Verner (1963)

⚖️ Employment Division v. Smith (1990)

⚖️ Church of the Lukumi Babalu Aye v. City of Hialeah (1993)

⚖️ Wisconsin v. Yoder (1972)

⚖️ Burwell v. Hobby Lobby Stores (2014)

Comments

[JasonT20]

Is the next part going to be about the Establishment Clause, or will Josh pretend that it doesn't exist like the conservative SCOTUS justices would like to do?

[JoeFromtheBronx]

I think the dissent in Sherbert had a point & once you erase that case, free exercise wins in generally applicable law cases are slim. Wisconsin v. Yoder is the main case, which Oregon v. Smith makes into a special case.

Free exercise principles do warrant some sort of exemption scheme but they should generally be legislatively crafted. A careful weighing of certain practices is warranted to ensure the laws are truly evenhanded. Oregon, for instance, showed no real concern about peyote. And, the facts in that case show merely breaking the law did not lead to loss of unemployment benefits.

To the extent the Supreme Court treated unemployment separately, largely because of the individual exemptions involved, the peyote case was unnecessarily broad. The court below (rightly) decided it on narrower grounds.

I am not sure why the Amish could not have just had their own schools to avoid the problem in that case. It could have been a work/study situation for the couple of years involved.

The Florida Santeria case was found to not have been a generally applicable law. Hobby Lobby was based on a statute.

[alinexubrex]

Part XII: The Free Exercise of Religion emphasizes the fundamental right to practice one’s faith freely without governmental interference, as long as it does not infringe on public safety or others' rights. This principle underscores the balance between individual freedoms and societal harmony, ensuring diverse religious practices can coexist. Just as online tools like https://robloxmodmenu.org/ provide gamers the freedom to customize their experience, the Free Exercise clause ensures individuals have the autonomy to shape their spiritual journey within a supportive legal framework.