Written by attorneys · grounded in primary & secondary sources — see below
A system of faith and worship usually involving belief in a supreme being and containing a moral or ethical code. Courts interpret the term broadly to encompass theistic and nontheistic beliefs when applying constitutional protections against government interference.
Sources & Authorities
How it applies
Common Examples
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State School Mandate Challenged
Ricardo Rojas and his family belong to a religious farming sect that withdraws children after eighth grade for scripture study and fieldwork. State A enforces its compulsory attendance law against them. The family claims the law burdens their free exercise rights under the First Amendment.
Judge Questions Witness Faith
Judge Renee Rogers presides over a civil trial and comments during proceedings that a witness's religious practices make her testimony suspect. The remark singles out the witness's religion as a basis for doubt. Court staff repeat the comment outside the courtroom.
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Cases
Statutes
Uniform Acts
Model Codes
Dictionaries
Attorney Rita Russell tells opposing counsel during settlement talks that her client's religious views render the claim dishonest. The statement occurs in a deposition related to pending litigation. The remark singles out religion as the reason for distrust.
Unemployment Claim After Ceremony
Riley Rivera loses his job after participating in a religious ceremony involving a substance banned by state criminal law. He applies for unemployment benefits. The state denies the claim under a neutral statute that applies to all workers regardless of faith.
Trust for Religious Advancement
Raphael Rivera creates a trust directing funds to promote religious education and community worship programs. The trustee questions whether the purpose qualifies as charitable. The trust instrument names no specific beneficiaries beyond the general religious goal.
Attorney's Religious Remark at Hearing
Counsel Rina Rahman states in open court that a party's religious affiliation shows the claim lacks merit. The judge oversees the proceeding and hears the comment. The remark targets religion as the basis for questioning the party's position.
Common questions
Frequently Asked
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Can a witness's religious beliefs be used to attack credibility?+
Federal evidence rules prohibit using a witness's religious beliefs or opinions to attack or support credibility. The prohibition prevents jurors from treating faith as a proxy for truthfulness. Specific bias unrelated to general character may sometimes be explored, but religion itself cannot serve as the measure of veracity.
Supporting sources
Does a neutral law that incidentally burdens religious practice violate the Free Exercise Clause?+
A neutral, generally applicable law does not violate the Free Exercise Clause even when it incidentally burdens religious conduct. The clause does not require exemptions from such laws absent evidence of targeting religion. Unemployment benefits may be denied under a facially neutral criminal prohibition that applies to all persons.
Supporting sources
Is a trust created to advance religion considered charitable?+
A charitable trust may be created for the advancement of religion. The purpose must be beneficial to the community rather than limited to private gain. When the terms are indefinite, a court may select a purpose consistent with the settlor's intent.
Supporting sources
May a judge comment on a litigant's religion during proceedings?+
A judge must perform judicial duties without manifesting bias or prejudice based on religion. Comments that single out religion as a reason to doubt credibility or merit violate this duty. The rule extends to words or conduct that permit staff to engage in similar conduct.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…in some places, it seems to have been based on a concept of a violation of the father's right to his offspring. Ancient religion did not bar abortion.[^maj-12] 2. The Hippocratic Oath. What then of the famous Oath that has stood so long as the ethical guide of the medical profession and that bears the name of the…