Liberty of Conscience, Free Exercise of Religion, and the U.S. Constitution

Abstract

This chapter explores the extent to which U.S. constitutional law protects religious and non-religious conscience through a variety of overlapping doctrines. It explains the conceptual development of arguments for the free exercise of religion and liberty of conscience, the extent to which the Supreme Court has interpreted the Free Exercise Clause to protect non-religious conscience rights, and the role that other constitutional doctrines, including under the Establishment Clause and the Free Speech Clause, operate to protect those rights.

Keywords: Constitutional Law, Religious Liberty, Free Exercise of Religion, Freedom of Conscience, First Amendment, Legal History, Establishment Clause, Free Speech