---
title: "Free Exercise Clause"
type: Legal Term
source: https://casebriefly.com/legal-terms/free-exercise-clause
---

# Free Exercise Clause

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.

## Related Terms

- establishment-clause
- freedom-of-speech
- strict-scrutiny

## Related Cases

- employment-division-v-smith
- church-of-lukumi-babalu-aye
- sherbert-v-verner
- wisconsin-v-yoder
- masterpiece-cakeshop-v-colorado

## Example

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

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Source: [Free Exercise Clause — CaseBriefly](https://casebriefly.com/legal-terms/free-exercise-clause)