Constitutional Law

Free Exercise Clause

Definition

The Free Exercise Clause of the First Amendment protects individuals' right to practice their religion without government interference. Under Employment Division v. Smith, neutral laws of general applicability that incidentally burden religion need only survive rational basis review. However, laws that target religion for disfavored treatment must survive strict scrutiny. RFRA and state RFRAs provide additional statutory protections for religious exercise beyond the First Amendment floor.

Example

A state bans animal sacrifice but exempts secular slaughter. Because the law targets religious practice specifically, it must satisfy strict scrutiny.

Study Constitutional Law with Briefly

Master constitutional law concepts with AI-powered case briefs, cold call drills, flashcards, and more. Start your 7-day free trial.