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Several law professors from Indiana stated that State Religious Freedom Restoration Acts like "Indiana SB 101" are in conflict with the U.S. Supreme Court's Free Exercise Clause jurisprudence under that "neither the government nor the law may accommodate religious belief by lifting burdens on religious actors if doing so shifts those burdens to ...
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.
In a country with a state religion, freedom of religion is generally considered to mean that the government permits religious practices of other communities besides the state religion, and does not persecute believers in other faiths or those who have no faith; in other countries, freedom of religion includes the right to refuse to support, by ...
The Religious Freedom Restoration Act (RFRA), as originally passed by Congress in 1993 with bipartisan support, was designed to protect the people from the government imposing its will on an ...
A state church (or "established church") is a state religion established by a state for use exclusively by that state. In the case of a state church , the state has absolute control over the church, but in the case of a state religion , the church is ruled by an exterior body; for example, in the case of Catholicism, the Vatican has control ...
Yoder, mandating that strict scrutiny be used when determining whether the Free Exercise Clause of the First Amendment to the United States Constitution, guaranteeing religious freedom, has been violated. In the Religious Freedom Restoration Act, Congress states in its findings that a religiously neutral law can burden a religion just as much ...
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).
Smith that, as long as a law does not target a particular religious practice, it does not violate the Free Exercise Clause. Smith set the precedent [10] "that laws affecting certain religious practices do not violate the right to free exercise of religion as long as the laws are neutral, generally applicable, and not motivated by animus to ...