Putting the 'Exercise' Back in the Free Exercise

22 Pages Posted: 8 Nov 2018

See all articles by Eric Segall

Eric Segall

Georgia State University College of Law

Date Written: October 16, 2018

Abstract

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

Segall, Eric, Putting the 'Exercise' Back in the Free Exercise (October 16, 2018). Kentucky Law Journal, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3267432

Eric Segall (Contact Author)

Georgia State University College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

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