Written by attorneys · grounded in primary & secondary sources — see below
A sincerely held conviction or faith concerning ultimate questions of existence, morality, or divinity that occupies a central place in an individual's life.
Sources & Authorities· 9 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Federal Rules
How it applies
Common Examples
6
Cross-Examination Barred on Faith
Regina Robinson called Ralph Richardson to testify that a store floor was wet. Defense counsel sought to ask Richardson about his membership in a religious group boycotting the store. The court sustained an objection and barred the questions because they targeted religious belief to attack credibility.
Polygamy Duty Rejected as Defense
Ronald Reed, a member of a religious group, claimed his second marriage fulfilled a sacred duty. The prosecution introduced evidence of the marriage and the court instructed the jury that religious belief supplied no defense to the criminal charge.
Reynolds v. United States98 U.S. (8 Otto) 145 (1878)
Moral Belief on Contraception
Rosa Ruiz, a married woman, sought contraceptive advice from a clinic. State law criminalized distribution. The court held that the statute invaded the zone of privacy protecting decisions grounded in moral and religious belief.
Griswold v. Connecticut381 U.S. 479 (1965)
Bias Inquiry Limited by Faith
Riley Rivera testified for the prosecution. Defense counsel attempted to show bias by asking about Rivera's membership in a religious sect. The court excluded the questions because they rested solely on religious belief to attack credibility.
United States v. Abel469 U.S. 45 (1984)
Religious Question During Interrogation
Rina Rahman remained silent during hours of questioning. An officer asked whether she prayed for forgiveness. The court held that the religious reference did not render her later statement involuntary.
Berghuis v. Thompkins260 U.S. 370 (2010)
Access to Contraceptives for Minors
Reliance Insurance challenged a state ban on distributing contraceptives to minors. The court struck down the restriction, finding it burdened decisions rooted in personal moral and religious belief.
Carey v. Population Services International431 U.S. 678, 97 S.Ct. 2010, 52 L.Ed.2d 675 (1977)
Common questions
Frequently Asked
3
May counsel cross-examine a witness about religious affiliation to show bias?+
No. Federal evidence rules prohibit any use of a witness's religious beliefs or opinions to attack or support credibility, even when counsel frames the inquiry as bias evidence.
Supporting sources
Does the Free Exercise Clause protect individualized religious objections in unemployment cases?+
Yes. A state must grant unemployment benefits when an individual resigns because work conflicts with sincerely held religious beliefs, regardless of whether the belief is shared by a formal denomination.
Supporting sources
Can courts assess the truth of religious beliefs in fraud prosecutions?+
No. Courts may inquire only into the sincerity of asserted beliefs. They may not evaluate their truth or falsity when adjudicating fraud or similar claims.
Supporting sources
381 U.S. 479 (1965)Constitutional Law
…in the relationship of marriage should be left to personal and private choice, based upon each individual's moral, ethical, and religious beliefs. As a matter of social policy, I think professional counsel about methods of birth control should be available to all, so that each individual's choice can be meaningfully made. But we are…