The sincere belief that such a numerical identification would cause grave spiritual harm was equated with an "objection to the size or color of the Government's filing cabinets," and the free exercise
request for some alternative identification was disdained as a claimed "right to dictate the conduct of the Government's internal procedures.
The book ranges well beyond traditional First Amendment free exercise
issues heard by the Supreme Court.
This exclusion from administrative lawmaking is therefore in tension with the Free Exercise
For this reason, it may not be immediately apparent that the legal arguments regarding corporate free exercise
can be categorized as originalist or liberal.
Although the federal courts have consistently recognized that individuals have free exercise
rights, the pending HHS mandate cases require the courts to look more closely at the proper scope of religious exercise under the Free Exercise
Clause and RFRA.
discussion regarding the scope of the Free Exercise
Clause vary greatly,
In the same way, the ministerial exception that the Court recognized in Hosanna-Tabor gives not-for-profit religious organizations the ability to limit the hiring of ministers to those who share the organization's faith given free exercise
17) In this group, one might include atheists, agnostics, and the religiously indifferent,(18) who, despite their lack of interest in free exercise
, may have a true concern with nonestablishment on both political and cultural levels.
Another line of analysis which Evans examines focuses on the way the Free Exercise
clause might protect religious choice.
s Madison promoted a daring insight: as a "natural and absolute right" (70) religious freedom meant more than toleration and civil immunity, it compelled free exercise
which "in itself was incompatible with establishment" (82).
It reads in part: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
A free exercise
claim is perhaps the easiest to analyze.
A Muslim inmate at a county correctional facility brought a civil rights action under [section] 1983, alleging that his opportunities to practice his faith were restricted in violation of the Free Exercise
Clause of the First Amendment.
These three "founding fathers" shared the similar views that one of the most fundamental rights in the new American republic was that of the Freedom of Religion; that no government official (or anyone else) should be able to interfere with any citizen's free exercise
of whatever their religious beliefs and practices should be; that the newly formed United State of America should not adopt any religions as "official"; that federal tax dollars should never be allocated to the support of any particular church or support any specific religious group; that all of the different religions, Christian or non-Christian should be respected; and that the doctrine of Church/State separation should be maintained from the local municipal level to that of the national government.
His treatment of free exercise
cases is equally impressive as he makes a case for how the increasing religious pluralism of the United States will "no doubt be called upon repeatedly to help draw the lines that both define and preserve the free exercise
of religion" (132).