Written by attorneys · grounded in primary & secondary sources — see below
A divine or ultimate spiritual entity to which religious belief or duty is directed. Legal recognition of religion for First Amendment and statutory purposes does not require belief in such an entity.
Sources & Authorities
How it applies
Common Examples
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Self-Defense Against Perceived Threat
Samuel Soto believed an attacker advanced. He used force that a reasonable person would view as unlikely to cause serious bodily harm. The court held the privilege applied because the intended harm stayed within permitted bounds.
University Funding Dispute
Santiago Sanchez's student group sought university funds to publish a journal discussing duties owed to a Supreme Being. The university denied the request on viewpoint grounds. The Court ruled the denial violated the First Amendment by discriminating against religious speech.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Restatements
Casebooks
Rosenberger v. Rector and Visitors of the University of Virginia515 U.S. 819 (1995)
Animal Sacrifice Ordinance
Skylar Sullivan's religious practice involved ritual sacrifice to honor a Supreme Being. The city enacted a ban targeting that practice alone. The Court struck down the ordinance as lacking neutrality under the Free Exercise Clause.
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah508 U.S. 520, 113 S. Ct. 2217, 124 L. Ed. 2d 472 (1993)
Fighting Words Arrest
Scott Summers shouted epithets invoking a Supreme Being while protesting on a public street. Police arrested him under a breach-of-peace statute. The Court upheld the conviction because the words constituted unprotected fighting words.
Chaplinsky v. New Hampshire315 U.S. 568 (1942)
Funeral Protest Liability
Simon Stern's church picketed a funeral to express beliefs about divine judgment on the nation. The family sued for intentional infliction of emotional distress. The Court held the First Amendment barred liability for speech on public matters.
Snyder v. Phelps562 U.S. 443 (2011)
Compulsory Education Exemption
Simone Sanders's Amish community refused high school attendance on the ground that it conflicted with duties to a Supreme Being. The state enforced its compulsory education law. The Court exempted the community under the Free Exercise Clause.
Wisconsin v. Yoder406 U.S. 205 (1972)
Common questions
Frequently Asked
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Does belief in a Supreme Being remain necessary for religious exemptions under the First Amendment?+
No. Religious belief for First Amendment purposes does not require recognition of a supreme being. Governments may not condition public office or benefits on declarations of belief or disbelief in religion.
How did older conscientious objector statutes define religious belief using the term Supreme Being?+
The Universal Military Training and Service Act defined religious training and belief as an individual's belief in a relation to a Supreme Being involving duties superior to those arising from any human relation, excluding political, sociological, or philosophical views.
Can a witness satisfy the oath requirement without referencing a Supreme Being or using traditional language?+
Yes. A witness may use any form of oath or affirmation calculated to impress the duty to tell the truth on the witness's conscience. Courts accept secular affirmations and unconventional rituals when the judge finds they achieve that purpose.
Does a spontaneous confession prompted by a belief in divine commands from a Supreme Being qualify as involuntary under due process?+
No. Due process excludes only confessions caused by coercive state action. A defendant's psychotic belief that a Supreme Being commanded confession does not render the statement involuntary when police apply no overbearing tactics.
494 U.S. 872, 110 S. Ct. 1595, 108 L. Ed. 2d 876 (1990)Constitutional Law
…religious beliefs”). Respondents believe, and their sincerity has never been at issue, that the peyote plant embodies their deity, and eating it is an act of worship and communion. Without peyote, they could not enact the essential ritual of their religion. See Brief for Association on American Indian Affairs et al.…