Also known as: religious exemption statute · religious-exemption statutes · religious exemption statutes · religious exemption · free exercise exemption
Written by attorneys · grounded in primary & secondary sources — see below
A statutory provision that relieves individuals or entities from compliance with a generally applicable law when the law incidentally burdens religious exercise.
Ryan Roberts, a member of a Native American church, was fired after using peyote in a religious ceremony. The state denied his unemployment claim under a neutral criminal prohibition that applied to all employees. Because the prohibition was generally applicable and did not target religion, the denial stood without constitutional violation.
Rajesh Rao and his family withdrew their children from public school after eighth grade to pursue religiously infused apprenticeships. The state enforced compulsory attendance until age sixteen. The family's self-sufficiency and alternative training satisfied the state's interests, entitling them to an exemption.
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Ravi Reddy's church sought a zoning variance to expand its building. The city denied the request under a neutral historic-preservation ordinance. Because RFRA does not apply to state and local governments, the denial was upheld without strict scrutiny.
Rowan Russell owned a closely held corporation that objected on religious grounds to providing certain contraceptives in its health plan. The government sought to enforce the mandate. RFRA required an exemption because the mandate substantially burdened the owners' sincere beliefs and less restrictive alternatives existed.
Roger Ramirez's religious community petitioned for a separate public school district coterminous with village boundaries. The legislature granted the request. The creation of a district defined by religious criteria violated the Establishment Clause by delegating governmental authority on the basis of religion.
Rebecca Ross, a baker, refused to create a wedding cake for a same-sex couple on religious grounds. State officials enforced the public-accommodations law while expressing hostility toward the baker's beliefs. The expressions of hostility required the state to reconsider the case under neutral principles.
A law is not generally applicable, and therefore triggers strict scrutiny, when officials may grant individualized exemptions on a discretionary, case-by-case basis. If the government allows secular exemptions but denies comparable religious ones, the law loses general applicability. The presence of such discretion requires the government to satisfy strict scrutiny.
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No. A neutral, generally applicable rule that applies to all employees and contains only narrow medical exemptions does not target religion. The Free Exercise Clause does not require religious exemptions from such a rule. Rational basis review applies and is satisfied by the public-health interest.
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The Free Exercise Clause, combined with parental rights, requires an exemption when the community is self-sufficient, law-abiding, and its alternative training meets the state's interest in basic competence. The state may not enforce the law against such a group without satisfying strict scrutiny.
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The policy is not generally applicable because officials may grant case-by-case exemptions for secular reasons such as cultural themes. Strict scrutiny therefore applies. Denying a religious exemption while granting secular ones fails the narrow-tailoring requirement.
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…generally applicable criminal laws need not automatically be extended to religiously motivated actors, at least the claim for a religious exemption must be evaluated under the balancing test set forth in Sherbert v. Verner , 374 U. S. 398 (1963). Under the Sherbert test, governmental actions that substantially burden a religious…