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Religious freedom is a universal right of all human beings and all religions, providing for the free exercise of religion or free exercise equality. Due to its nature as fundamental to the American founding and to the ordering of human society, it is rightly seen as a capricious right, i.e. universal, broad, and deep—though not absolute. [15]
Many states have freedom of religion established in their constitution, though the exact legal consequences of this right vary for historical and cultural reasons. Most states interpret "freedom of religion" as including the freedom of long-established religious communities to remain intact and not be destroyed.
The Free Exercise Clause prohibits government interference with religious belief and, within limits, religious practice. [2] To accept any creed or the practice of any form of worship cannot be compelled by laws, because, as stated by the Supreme Court in Braunfeld v. Brown, the freedom to hold religious beliefs and opinions is absolute. [3]
What does the Constitution say about religion? “(N)o religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” (Article VI)
In the United States, freedom of religion is a constitutionally protected right provided in the religion clauses of the First Amendment. Freedom of religion is also closely associated with separation of church and state , a concept advocated by Colonial founders such as Dr. John Clarke , Roger Williams , William Penn and later Founding Fathers ...
Royal C. Gilkey, "The Problem of Church and State in Terms of the Nonestablishment and Free Exercise of Religion", William & Mary Law Review, Vol. 9, Issue I, 1967, 149-165; Scarberry, Mark S. (April 2009). "John Leland and James Madison: Religious Influence on the Ratification of the Constitution and on the Proposal of the Bill of Rights" (PDF).
The First Amendment does not guarantee atheists or anyone else "freedom from religion." Frequent exposure to religious symbols and messages is inevitable in our religiously diverse society. The First Amendment does, however, guarantee “freedom from government-imposed religion” – a core condition of liberty of conscience. [69]
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...