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      • First, the Free Exercise Clause prevents the government from prohibiting the free exercise of religion. This means that an individual can practice their religion as they choose. However, the Supreme Court has held that neutral and generally applicable laws that burden religious practices are constitutional in most cases.
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  2. Most Supreme Court cases involving religion interpret the Free Exercise Clause or the Establishment Clause of the First Amendment to the U.S. Constitution. First, the Free Exercise Clause prevents the government from prohibiting the free exercise of religion.

  3. In 1963, the Supreme Court held that the Free Exercise Clause of the First Amendment does require the government to make accommodations for religious exercise, subject as always to limitations based on the public interest and the rights of others.

  4. The Court examined whether the federal anti-bigamy statute violated the First Amendment’s Free Exercise Clause, because plural marriage is part of religious practice.

  5. A case in which the Court held that a state law prohibiting students participating in an otherwise generally available student-aid program from choosing to use their aid to attend schools that provide religious, or “sectarian,” instruction violates the Free Exercise Clause of the First Amendment.

  6. The First Amendment has two provisions concerning religion: the Establishment Clause and the Free Exercise Clause. The Establishment clause prohibits the government from "establishing" a religion. The precise definition of "establishment" is unclear.

  7. The First Amendment sets a floor – the free exercise clause – and ceiling – the establishment clause – for how the federal government is supposed to treat religion. Supreme Court interpretations of these clauses have changed significantly over time.

  8. Mar 16, 2022 · Justice Samuel Alito has spoken of the importance of safeguarding the free exercise of religion, and recently, free exercise questions have been a particular focus of the Supreme Court. Both of this week’s new relists arise from religious exercise claims.