Putting the 'Exercise' Back in the Free Exercise
22 Pages Posted: 8 Nov 2018
Date Written: October 16, 2018
Laws that do no more than burden religious conscience, as opposed to laws that burden religious exercise, worship or ceremony, should be treated differently by judges when evaluating religious exemption claims under either statutory or constitutional law. When a law burdens conscience only, an exemption can be provided to religious objectors only if the same exemption is also provided to secular conscience objectors.
Keywords: Free Exercise, Establishment Clause, Supreme Court, Constitutional Law
JEL Classification: Other
Suggested Citation: Suggested Citation