Add to ORKGThis article addresses the concerns involved with the recently enacted Religious Freedom Restoration Act and how this sets the stage for a revisiting of Employment Division, Department of Human Resources of Oregon v. Smith. This article suggests that full Free Exercise protections can be extended to most contexts if they are withdrawn from others. The goal is to accomplish a principled approach that does not contravene the spirit of the First Amendment. The proposed limiting principles argue collectively that full protections should be reserved for personal, central beliefs and actions about personal conduct whose accommodation does not raise Establishment issues, and which are threatened by new governmental dictates
In the 1990 case of Employment Division v. Smith, a sharply divided Supreme Court abandoned the rout...
Religious property owners have both successfully and unsuccessfully challenged historic preservation...
Title VII protects against religious discrimination in the work place.\u27 The Free Exercise Clause ...
Almost from the moment that the Supreme Court abandoned the religious exemption doctrine in Employme...
Much has been written about the protections afforded by the Free Exercise Clause when government reg...
This article considers the development of protections of the Free Exercise of Religion, ...
State courts should feel free to apply whatever test is most appropriate based on the textual provis...
Does the Free Exercise Clause extend to situations where the legislature deliberately targets a reli...
This article responds to Professor Mark Tushnet\u27s article, The Redundant Free Exercise Clause? ...
The Supreme Court case of Employment Division v. Smith revived an older view of the Constitution\u27...
Using the dispute between the native tribes of northern Arizona and the federal government regarding...
Contrary to critics of the Supreme Court\u27s current equal protection approach to religious liberty...
In Employment Division v. Smith, the Supreme Court famously held that the First Amendment Free Exerc...
Contrary to critics of the Supreme Court\u27s current equal protection approach to religious libert...
The Supreme Court wrongly decided Employment Division v. Smith. Without briefing or argument over th...
In the 1990 case of Employment Division v. Smith, a sharply divided Supreme Court abandoned the rout...
Religious property owners have both successfully and unsuccessfully challenged historic preservation...
Title VII protects against religious discrimination in the work place.\u27 The Free Exercise Clause ...
Almost from the moment that the Supreme Court abandoned the religious exemption doctrine in Employme...
Much has been written about the protections afforded by the Free Exercise Clause when government reg...
This article considers the development of protections of the Free Exercise of Religion, ...
State courts should feel free to apply whatever test is most appropriate based on the textual provis...
Does the Free Exercise Clause extend to situations where the legislature deliberately targets a reli...
This article responds to Professor Mark Tushnet\u27s article, The Redundant Free Exercise Clause? ...
The Supreme Court case of Employment Division v. Smith revived an older view of the Constitution\u27...
Using the dispute between the native tribes of northern Arizona and the federal government regarding...
Contrary to critics of the Supreme Court\u27s current equal protection approach to religious liberty...
In Employment Division v. Smith, the Supreme Court famously held that the First Amendment Free Exerc...
Contrary to critics of the Supreme Court\u27s current equal protection approach to religious libert...
The Supreme Court wrongly decided Employment Division v. Smith. Without briefing or argument over th...
In the 1990 case of Employment Division v. Smith, a sharply divided Supreme Court abandoned the rout...
Religious property owners have both successfully and unsuccessfully challenged historic preservation...
Title VII protects against religious discrimination in the work place.\u27 The Free Exercise Clause ...