Wisconsin
How Employment Division v. Smith applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Constitutional Law (First Amendment – Free Exercise).
Wisconsin follows a similar principle to the federal standard established in Employment Division v. Smith, where neutral, generally applicable laws do not violate the Free Exercise Clause. However, Wisconsin courts may provide broader protections based on state constitutional provisions.
In Wisconsin, the application of laws that indirectly affect religious practices is upheld unless they specifically target religious conduct or result in discrimination against such practices.
The court ruled that a prohibition on the use of peyote, while generally applicable, did not violate the Free Exercise rights of the individual due to its neutral character.
The court held that Wisconsin's compulsory education law was unconstitutional as applied to Amish children, emphasizing that the law imposed undue burden on the exercise of their religious beliefs.
The court determined that excluding a religious organization from after-school use of school facilities violated the Free Exercise Rights under the First Amendment.
Wisconsin's approach to Free Exercise under the state constitution can sometimes offer broader protections than the federal standard in Employment Division v. Smith. While Smith adheres strictly to neutral laws, Wisconsin courts may weigh the state's interest against the infringement of religious exercise more favorably toward the individual's rights.
Questions involving state constitutional protections for religious exercise may appear on the Wisconsin bar exam, often testing the balance between government interests and individual religious rights.