Introductory Cases (Defining Religion, Free Exercise)

George Reynolds, a Mormon, challenged the anti-polygamy statute Congress passed. He argued he was following the dictates of his faith. SCOTUS disagreed, said belief and actions are two different things (also known as belief-action distinction). Chief Justice Waite: "You can believe in polygamy, but this court doesn't have to defend the action."

Guy Ballard was the leader of the "I AM" movement. He was charged with defrauding people. SCOTUS ruled that when considering Ballard's guilt: the proper test of a constitutionally protected religious belief is not the truth of its doctrine but the sincerity with which it is held.

The Gobitis children were Jehovah's Witnesses; they believed that saluting the flag was forbidden by religion. SCOTUS says free exercise of religion rights not violated. Example of valid secular policy test: states have legitimate secular purpose to require flag salute- to foster patriotism. Later overturned in speech case.

Massachusetts state child labor laws prohibited Prince from allowing her daughter to pass out Joehovah's pamphlets. SCOTUS says rights not violated. Example of valid secular policy test: child labor laws represent a valid secular policy against free exercise.

Braunfield owned a retail store and was required to be closed Sunday because of Penn. blue laws. He was orthodox jewish so also needed to be closed Saturday, wanted to be allowed open Sunday. SCOTUS says blue laws are legal. Example of valid secular policy: even though the laws indirectly burden members of some religions, the states had adopted the least restrictive way in carrying out their secular policy.

Sherbert refuses to work on sabbath (saturday) and is fired, then is denied unemployment because the state says she is refusing work. SCOTUS says the law imposed a significant burden on Sherbert's ability to freely exercise faith. Furthermore, there was no compelling state interest which justified such a substantial burden on this basic First Amendment right. Established Sherbert/Yoder Test.

Two part test:
1. Does the law have a compelling government interest?
2. Does the law use the least restrictive means necessary to further that interest?

Amish parents wanted to home school kids, but Wisconsin required public or private schooling through age 16. SCOTUS: the individual's interests in the free exercise of religion under the First Amendment outweighed the State's interests in compelling school attendance. An additional one or two years of high school would not produce the benefits of public education cited by Wisconsin to justify the law.

The Cantwells distributed religious materials on the street. After voluntarily hearing an anti-Roman Catholic message from the Cantwells, two pedestrians reacted angrily. The Cantwells were arrested for breach of peace. SCOTUS: while the maintenance of public order was a valid state interest, it could not be used to justify the suppression of "free communication of views." While general regulations on solicitation were legitimate, restrictions based on religious grounds were not. Created valid secular policy test.

If the policy serves a legitimate nonreligious goal, not directed at any particular religion, the Court will uphold it, even if the legislation has the effect of conflicting with religious practices.