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Article: The fall of free exercise: from 'no law' to compelling interests to any law otherwise valid.(Symposium: A Second-Class Constitutional Right? Free Exercise and the Current State of Religious Freedom in the United States)

Article from:
Albany Law Review
Article date:
September 22, 2007
Author:
Copyright

The First Amendment explicitly allows "no law ... prohibiting the free exercise" of religion. (1) Currently, however, Supreme Court doctrine permits any law that operates to prohibit the free exercise of religion, unless that law happens to be invalid for some other reason. (2) This enormous gulf and resulting drastic dilution of free exercise protection under federal constitutional case law is the instigation for today's symposium.

The Albany Law Review is among the very oldest (3) and most distinguished law reviews in this country. (4) Among other things, it has a tradition of provocative, enlightening annual symposia, exploring crucial legal-societal issues ...

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