First Amendment

Freedom of Religion

Plain-English Explanation

Freedom of religion has two parts: the Establishment Clause, which prevents the government from establishing or favoring a religion, and the Free Exercise Clause, which protects the right to practice one's faith (or none).

Relevant Provision

U.S. Const. amend. I (Establishment Clause and Free Exercise Clause).

Relevant Decisions

  • Employment Division v. Smith

    494 U.S. 872 (1990)

    Held that neutral, generally applicable laws do not violate the Free Exercise Clause even if they incidentally burden religious practice.

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