Also known as: religious exemptions · religious accommodation
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional or statutory allowance relieving a person or entity from complying with a neutral law of general applicability when that law substantially burdens sincere religious exercise. The allowance arises either because the law contains a system of individualized exemptions that renders it not generally applicable or because a statute such as RFRA imposes strict scrutiny on federal mandates. Once triggered, the government must demonstrate that denying the exemption serves a compelling interest and is the least restrictive means of achieving it.
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Roland Rhodes, a member of the Native American Church, was fired after using peyote in a religious ceremony. State unemployment officials denied his claim under a neutral criminal prohibition on controlled substances. Because the prohibition is generally applicable and does not target religion, the denial of benefits stands.
Rebecca Ross and her Amish community withdraw their children after eighth grade for religiously integrated apprenticeships. The state enforces compulsory attendance until age sixteen. The community's self-sufficiency and alternative education that meets state goals entitle the parents to an exemption.
Rhea Reynolds's small congregation seeks to expand its building but faces a city zoning rule under a neutral historic-preservation ordinance. The ordinance contains no individualized exemption mechanism and applies generally. The church does not receive a constitutional exemption because the law is neutral and generally applicable.
Ronald Reed's Santeria church performs animal sacrifice as part of worship. The city enacts ordinances banning such sacrifices while permitting secular animal killings. Because the ordinances target religious conduct, the church receives an exemption under strict scrutiny.
Rosalind Reed operates a bakery and declines to create a cake for a same-sex wedding on religious grounds. State officials investigate and express hostility toward her beliefs during the proceedings. The commission's demonstrated animus requires an exemption from the public-accommodations law.
Riley Rivera owns a closely held corporation whose religious beliefs prohibit providing certain contraceptive coverage. Federal regulations require the coverage. Because less restrictive means exist to achieve the government's interest, the corporation receives a statutory exemption under RFRA.
A law is not generally applicable if it permits government officials to grant individualized exemptions for secular reasons. Once that system exists, the government must justify denying a comparable religious exemption under strict scrutiny. The presence of discretionary waivers for nonreligious hardship therefore converts rational-basis review into strict scrutiny.
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…not protect an interest of the highest order. The rule respondents favor would open the prospect of constitutionally required religious exemptions from civic obligations of almost every conceivable kind — ranging from compulsory military service, see, e. g., Gillette v. United States , 401 U. S. 437 (1971), to the payment of taxes,…
…to freedom of conscience. Origins of Free Exercise 1468. States and Colonies with established churches encountered a further religious accommodation problem. Typically, these governments required citizens to pay tithes to support either the government-established church or the church to which the tithepayer belonged. But Baptists and…
…but also because no analysis of religious-liberty claims can take place in a vacuum. If the parents in this case are allowed a religious exemption
…be unenforceable as a result of the secret nature of the Santeria religion. Id. , at 1486-1487, and nn. 57-59. A religious exemption
…RLUIPA “permits safety and security — which are undisputedly compelling state interests — to outweigh an inmate’s claim to a religious accommodation
Smith holds that the Free Exercise Clause does not require exemptions from neutral, generally applicable criminal prohibitions that incidentally burden religion. Absent evidence that the law targets religious practice, the state may enforce the prohibition even when it prevents a religious observance.
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An exemption is warranted when parents belong to a self-sufficient, law-abiding religious community whose alternative education meets the state's core interests in literacy and civic preparation. The community's long-standing practices and the sincerity of the belief that formal schooling conflicts with faith are decisive.
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RFRA restores strict scrutiny for federal laws that substantially burden religious exercise even when the laws are neutral and generally applicable. Unlike the constitutional baseline, RFRA requires the government to show a compelling interest and least-restrictive means before denying an exemption to a closely held corporation or individual.
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