Written by attorneys · grounded in primary & secondary sources — see below
The constitutional command in the First Amendment that prohibits government from burdening sincere religious exercise through laws that are not neutral or generally applicable. Such laws trigger strict scrutiny and are invalid unless narrowly tailored to advance a compelling governmental interest.
Evelyn Ellison operates a Santeria temple in the city. The city enacts an ordinance banning animal sacrifice only when performed in religious rituals. Evelyn's congregation continues its practices and faces prosecution. The ordinance fails strict scrutiny because it singles out religious conduct rather than serving a neutral public-health goal.
Eileen Epstein is fired after using peyote during a Native American Church ceremony. The state denies her unemployment benefits under a neutral criminal prohibition on controlled substances. The denial stands because the law is generally applicable and does not target religion.
Select any source to read its text and confirm it supports the definition.
Ella Emerson runs a religious foster agency that declines to certify same-sex couples. The city allows case-by-case exemptions for secular agencies but denies Ella's request. The policy is not generally applicable and must satisfy strict scrutiny.
Emma Erickson and her Amish community withdraw children after eighth grade for religious reasons. The state enforces compulsory attendance until age sixteen. The law yields because the community's alternative practices satisfy state interests while honoring sincere beliefs.
Ethan Evans seeks to enlarge his church building under a local historic-preservation rule. The city denies a permit despite granting variances to secular owners. The denial triggers strict scrutiny because the ordinance allows individualized exemptions.
Elijah Edwards refuses Saturday shifts at a textile mill because of his Seventh-day Adventist faith. The state denies unemployment benefits under a rule requiring availability for suitable work. The denial violates the Free Exercise Clause because it conditions benefits on abandoning religious observance.
A law receives strict scrutiny when it is not neutral or generally applicable. This occurs when the law targets religious practice or allows officials discretionary authority to grant individualized exemptions.
Supporting sources
No. The Free Exercise Clause does not require exemptions from neutral, generally applicable criminal laws that incidentally burden religion.
Supporting sources
No. Conditioning benefits on abandoning religious observance imposes an unconstitutional burden that requires strict scrutiny.
Yes. When officials may grant case-by-case waivers, the policy is not generally applicable and strict scrutiny applies to religious objections.
Supporting sources
Yes. The Free Exercise Clause, combined with parental rights, entitles the community to an exemption when its alternative practices satisfy state interests.
Supporting sources
…Justice Marshall joined. Majority opinion Opinion of Justice Scalia This case requires us to decide whether the Free Exercise Clause of the First Amendment permits the State of Oregon to include religiously inspired peyote use within the reach of its general criminal prohibition on use of that drug, and thus permits the…