Free Exercise Rights Are Expanding — and the Establishment Clause Is Cracking

The 1990 Smith decision curtailed religious liberty claims, but later rulings have expanded the Free Exercise Clause beyond its original scope

When the Supreme Court decided Employment Division v. Smith in 1990, it marked one of the sharpest contractions of the Free Exercise Clause in American history. Writing for the majority, Justice Antonin Scalia hel…


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