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Free Exercise Clause

Definition

The Free Exercise Clause is a part of the First Amendment to the United States Constitution that guarantees individuals the right to practice their religion freely without government interference.

Analogy

Think of the Free Exercise Clause as a protective bubble around you while you're practicing yoga in a public park. No one, including the government, can pop your bubble or tell you to stop doing yoga because it's your personal choice and right.

Related terms

First Amendment: The amendment to the US Constitution that protects freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices.

Establishment Clause: A part of the First Amendment stating that 'Congress shall make no law respecting an establishment of religion.' This clause not only forbids the government from establishing an official religion but also prohibits government actions that unduly favor one religion over another.

Religious Freedom Restoration Act (RFRA): A 1993 federal law that ensures that interests in religious freedom are protected. It requires strict scrutiny when a neutral law of general applicability substantially burdens religious exercise.

"Free Exercise Clause" appears in:

Practice Questions (5)

  • What is the Free Exercise Clause?
  • What is the purpose of the Free Exercise Clause in the First Amendment?
  • What role did the Free Exercise Clause play in granting Native Americans legal permission to use peyote as part of their religious ceremonies?
  • Considering landmark court cases, how do interpretations vary between Establishment Clause and Free Exercise Clause within the First Amendment?
  • What is a result of applying the Free Exercise Clause of the First Amendment to state governments via selective incorporation?


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© 2024 Fiveable Inc. All rights reserved.

AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.