Free Exercise of Religion

<h1>Text Preview</h1> <p> <P>Many of the English settlers who immigrated to America left England to escape religious persecution. The Church of England had burdened those who separated from the church with excessive taxes, and in some cases they were tried for blasphemy and imprisoned. Many of the people who founded America came to the New World seeking religious freedom.</P> </p> <p> <P>It is not surprising that one principle the United States was built on was freedom of religion, and the First Amendment of the Constitution reflects that. As part of the First Amendment, the <b>establishment clause</b> builds a "wall of separation" between religion and the government, and the <b>free exercise clause</b> states that the federal government shall make no law prohibiting the exercise of religion. The free exercise clause gives citizens the right to believe and practice their religion without government interference. The incorporation of the <b>First Amendment</b> through the due process clause of the <b>Fourteenth Amendment</b> ensures the states are also prohibited from passing laws that prohibit the exercise of religion.<br></P> <P>The free exercise clause requires the government to respect and permit all religious ceremonies and activities. The only instance in which the government can prohibit a religious practice is when the practice violates a law. Religious activities that may seem socially unacceptable or bizarre to some are protected under the free exercise clause as long as no laws are broken. </P> </p> <p> <P>For example, believers in the African religion Santeria utilize animal sacrifice in their religious ceremonies. In the United States, killing animals is a legal practice for food consumption, sport, and other purposes, so the Santeria practice of ritual animal sacrifice is protected under the free exercise clause. If their beliefs required human sacrifice, they would not be allowed to practice those religious beliefs because the taking of human life is illegal. <br></P> <P>The free exercise clause is a vital part of our country's foundation because it prevents discrimination based on an individual's religious practices. Unlike England in the seventeenth century, the United States government cannot tax people at a higher rate because of their religious beliefs. Citizens cannot be imprisoned or exiled for their participation in religious activities. It is also important to note that citizens cannot be discriminated against or punished for a lack of religious beliefs or participation. </P> </p> <p> <P>While the free exercise clause has helped shape a great nation, it does create some conflict among those who are responsible for enforcing it. The language of the First Amendment is ambiguous, and there have been different interpretations of its application to various situations. For example, the tenets of the Quaker faith forbid members from participating in acts of war, but a federal law requires all young men to register for the draft. Likewise, several religions instruct their members to protect the Sabbath by not working on that day, but employers may need their employees to work on the Sabbath. These conflicts of religion and law are typically settled in court. </P> </p> <p id="TextCopyright">Copyright 2006 The Regents of the University of California and Monterey Institute for Technology and Education</p>