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Free Exercise Clause No government can compel us to accept any creed or to deny us any right because of what we do or do not believe –No religious oath.

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Presentation on theme: "Free Exercise Clause No government can compel us to accept any creed or to deny us any right because of what we do or do not believe –No religious oath."— Presentation transcript:

1 Free Exercise Clause No government can compel us to accept any creed or to deny us any right because of what we do or do not believe –No religious oath to hold office (Article VI) Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

2 Right to practice a religion may be restricted –SCOTUS carefully scrutinizes and there had to be a compelling interest to justify infringement of religion Free Exercise Clause

3 Cantwell v. CT (1940) Braunfield v. Brown (1961) Sherbert v. Verner (1963) Wisconsin v. Yoder (1972) McDaniel v. Paty (1978) Thornton v. Caldor, Inc (1985) Employment Division v. Smith (1990) Church of the Lukumi Babalu Aye v. City of Hialeah (1993) *Religious Freedom Restoration Act (1993)


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