(35) Under RFRA, whenever state action results in a substantial burden on the free exercise of religion, the state must show that its action is in furtherance of a compelling interest, and that it used the least restrictive means of furthering that interest, even where the substantial burden resulted from a neutral law of general applicability.
(41) Regarding institutionalized persons, (42) RLUIPA was enacted to expand the free exercise rights of prisoners and other persons residing in government-run facilities by creating a legal standard that affords less deference to institutional administrators than the Turner standard.
In this paper, I argue that while both of these methods offer valuable jurisprudence, the American system's characterization results in a stronger judicial basis of support for free exercise claims.
The structure of this note is as follows: first, I explain the evolution of the United States' system of protection for free exercise, as well as its current status.
It focuses on the provisos to the state free exercise
guarantees to advance a two-step argument against Justice Scalia's historical argument for Smith.
Dozens have attended the free exercise
sessions and organisers are hoping local people will volunteer to assist with or lead the classes.
'The free exercise
and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed.
Citing a provision under the Bill of Rights of the 1987 Constitution, Fox stressed that 'no law shall be made respecting an establishment of religion, or prohibiting the free exercise
She covers the free exercise
of religion; introduction to establishment; what an established religion is; constitutional and statutory protection of free exercise
; conscience, complicity, and conscientious objection; conflicts between individual and institutional religious freedom; the Religious Land Use and Institutionalized Persons Act; comparative religious freedom; religion and politics; teaching about religion and science; and the old and new law of religion.
Across the country, individuals, religious schools, and corporations have sued to enjoin the mandate, arguing, among other things, that it violates the Free Exercise
Clause of the First Amendment and the Religious Freedom Restoration Act ("RFRA").
The First Amendment provides the language for the Free Exercise
This article compares the constitutional protections afforded the free exercise
of religion in the United States and Japan.