Can my private practice be successful under these circumstances?

What are the legal precedents in the United States defining the reasonable limits of what kinds of behavior can be exempted as religious practice under the First Amendment?

  • The First Amendment to the US Constitution provides that Congress shall not make any law "...prohibiting the free exercise [of religion]." Clearly, there are circumstances when some people feel that their ability to freely practice their religion is infringed upon by federal regulations (take recent fights over employer-provided contraception, for example). But surely no one can make the case that his religion requires him to kill, steal, or otherwise violate someone's other Constitutional rights and expect to get away with it. So where/how does the law draw the line? What are the cases of precedent?

  • Answer:

    Generally speaking, the line is drawn at criminal behavior; that is to say that you cannot use your religious beliefs as a defense against prosecution for an act that is otherwise illegal under the criminal statutes of the state or Federal governments. Outside of that, it gets really "mushy" as to whether or not a law can affect some parts of religious practice.  The current contraception debate is a prime example of that - is the law requiring people to use contraception, in contravention of their religious beliefs?  No.  It is merely requirirng that they obtain insurance that would cover the use, if one of their employees so wished to use it.  Thus, the question there becomes whether or not by obtaining such coverage, the organization is somehow endorsing its use, which would violate their free exercise rights. Personally, I think the argument is weak, but the history of our jurisprudence is that we tread very lightly when it comes to such matters, so I believe that ultimately the religious organizations will prevail in their cases.This answer is not a substitute for professional legal advice....

Cliff Gilley at Quora Visit the source

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Here you're specifically asking about the so-called "Free Exercise" clause, as opposed to the "Establishment" clause, so I'll limit my answer accordingly with some broad summaries. The Belief-Conduct distinction Beliefs cannot be limited, but Conduct can (Reynolds).  Conduct can be subject to time-place-manner restrictions, so long as it doesn’t interfere with believes (Cantwell). The Indirect-Direct distinction While Strict Scrutiny isn’t automatically required for states (City of Boerne v. Flores) it is still required for federal cases (Centro Expirita).  Strict Scrutiny was required such that laws burdening religious practice were unconstitutional (Sherbert, Yoder) but that was overturned by Smith. If a person’s claim involves sincere religious belief and the government action is a substantial burden on the ability to act upon it, then the government must survive Strict Scrutiny (the "Sherbert Test"). Strict Scrutiny was reinstated for Federal laws by RFRA before being limited by Boerne (possibly overturned entirely).  Strict scrutiny is automatically required for states when they specifically target religions (Church of the Lukumi Babalu).  An otherwise valid and neutral law prohibiting specific conduct that the state would otherwise be free to regulate may not be overcome by an individual’s religious beliefs (Smith) However, there exceptions where there is a hybrid claim (e.g. the Jehovah's Witness cases), where there is individual discretion (e.g. Sherbert), and where the law is neutral or generally applicable (e.g. Lukumi). Religious groups are generally allowed to create their own standards about child-rearing (Yoder), but indirect impositions such as on the Sunday Sabbath, are permissible (Bruanfeld).This answer is not a substitute for professional legal advice....

Matthew Bohrer

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