Author: Michael Peabody

The Free Exercise Clause that guarantees religious freedom is much weaker than most people realize.  While freedom of speech, freedom of the press, freedom of assembly, and even the establishment clause are subject to highest “strict scrutiny” levels of protection, the free exercise of religion receives the lowest level of protection – the “rational basis test.” 

Too broad an exception from neutral, generally applicable law, and protections against discrimination vanish. Too narrow an exception and free exercise of religion protections vanish. What is clear is that these cases will continue to make their way through the lower courts with differing results until the Supreme Court makes a decision.  

Taking the significance of the public health emergency and religious beliefs into account when deciding what to do in these circumstances is difficult. It is too easy to dismiss religious claims as unscientific and foolish in the face of a measles outbreak, but in so doing it behooves the parties to seek a compromise

Whether a religious symbol or edifice needs to masquerade as a secular structure in order to escape Establishment Clause scrutiny is at issue in two major cases at the United State Supreme Court.