Missouri
How Employment Division v. Smith applies in Missouri: state-specific rules, key cases, and bar exam notes for Constitutional Law (First Amendment – Free Exercise).
Missouri generally follows the framework established by Employment Division v. Smith, which holds that neutral laws of general applicability do not violate the Free Exercise Clause even if they incidentally burden religious practices. However, Missouri courts have been willing to provide more protection in certain cases involving religious exercise.
In Missouri, if a law is generally applicable and not targeted at a specific religion, it is likely to be upheld unless it lacks a compelling state interest.
The Missouri Supreme Court affirmed that a neutral law does not violate free exercise rights when it serves a legitimate state interest.
The court held that exemptions to general laws may be warranted when there is a substantial burden on religious practices.
In this case, the court determined that religious exercise may be protected more robustly under the Missouri Constitution than under the federal standard.
Missouri's application of the free exercise clause generally aligns with the federal standard articulated in Employment Division v. Smith; however, Missouri courts may provide greater protections through state constitutional principles. This distinction could lead to different outcomes for individuals claiming violations of free exercise rights.
Issues related to the free exercise of religion under Missouri law may appear on the Missouri bar exam, especially concerning the balance between general applicability and religious exemptions.