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American Civil Liberties Union, 492 U.S. 573 (1989) Van Orden v. Perry, 545 U.S. 677 (2005) McCreary County v. ... Religious Freedom Restoration Act
Cantwell v. Connecticut, 310 U.S. 296 (1940), is a landmark court decision [1] [2] by the United States Supreme Court holding that the First Amendment's federal protection of religious free exercise incorporates via the Due Process Clause of the Fourteenth Amendment and so applies to state governments too.
The history of the Supreme Court's interpretation of the Free Exercise Clause follows a broad arc, beginning with approximately 100 years of little attention, then taking on a relatively narrow view of the governmental restrictions required under the clause, growing into a much broader view in the 1960s, and later again receding.
Prior to the passage of the American Indian Religious Freedom Act (AIRFA) in 1978, and as amended in 1994, the religious use of peyote was not afforded legal protection. This resulted in the arrest of many Native Americans and non-Native Americans participating in traditional indigenous religion and spirituality.
D.V. Coornhert, Synod on the Freedom of Conscience: A Thorough Examination during the Gathering Held in the Year 1582 in the City of Freetown English translation; Richard Joseph Cooke, Freedom of thought in religious teaching (1913) Lucas Swaine, "Freedom of Thought as a Basic Liberty," Political Theory, 46:3 (2018): 405–425.
The First Amendment (Amendment I) to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances.
Freedom of conscience is the freedom of an individual to act upon their moral beliefs. [1] In particular, it often refers to the freedom to not do something one is normally obliged, ordered or expected to do. An individual exercising this freedom may be called a conscientious objector. [a]
Democracy in America (1835–1840) Notes on Democracy (1926) I'll Take My Stand (1930) Our Enemy, the State (1935) The Managerial Revolution (1941) Ideas Have Consequences (1948) God and Man at Yale (1951) The Conservative Mind (1953) The Conscience of a Conservative (1960) A Choice Not an Echo (1964) Losing Ground (1984) A Conflict of Visions ...