Also known as: tolerations · tolerate · tolerates · tolerated · tolerating · tolerance · religious toleration
Written by attorneys · grounded in primary & secondary sources — see below
An act or practice of permitting or enduring something not wholly approved of. It encompasses allowing opinions, beliefs, or conduct that differ from prevailing norms without active hindrance or prohibition.
Tanner Thompson faced an aggressor who shoved him repeatedly but posed no risk of lasting injury. Tanner endured the initial contacts without responding, choosing to tolerate the lesser intrusions rather than escalate. When the aggressor later brandished a weapon creating substantial risk of fatal harm, Tanner used proportionate force in response. The distinction between tolerated minor contact and the later serious threat determined the scope of his privilege.
Tyrone Tran and his partner sought a marriage license in a state that had long refused recognition to same-sex unions. State officials tolerated the couple's private commitment ceremony without interference even while withholding formal licensing. After the constitutional ruling extended recognition nationwide, the prior practice of non-recognition ended. The shift illustrated how toleration of private conduct gave way to affirmative legal acknowledgment.
Select any source to read its text and confirm it supports the definition.
Theo Thomas, a public school student, refused to salute the flag on religious grounds. School officials initially tolerated his silent non-participation without punishment. When enforcement later resumed, the practice of toleration ended and litigation followed. The episode showed how official forbearance can protect dissenting beliefs until policy changes.
Tori Taylor's religious group planned a ritual involving animal sacrifice that local ordinances sought to ban. City officials had previously tolerated similar private observances without enforcement. After the Supreme Court invalidated the targeted prohibition, the practice of selective non-enforcement became unnecessary. The case clarified limits on government efforts to suppress disfavored religious conduct.
Tara Tran and her spouse obtained contraceptives from a clinic despite a state criminal prohibition. Officials had long tolerated private use within the home without prosecution. The Supreme Court later struck down the statute, confirming that such personal conduct fell within a protected zone. Prior non-enforcement reflected a form of practical toleration that the ruling elevated to constitutional status.
Tristan Thompson and his partner engaged in consensual intimate conduct in their home under a state sodomy statute. Law enforcement had routinely tolerated such private activity without investigation. The Supreme Court invalidated the statute, ending any remaining basis for selective enforcement. The decision transformed prior forbearance into a recognized liberty interest.
Toleration permits conduct or beliefs without active hindrance even when they are not wholly approved. It stops short of granting formal rights or endorsements that would follow from full legal recognition.
Supporting sources
No. Toleration expressly allows endurance of something not wholly approved, so the actor may continue to disapprove while refraining from interference.
Supporting sources
Yes. Routine non-enforcement of a prohibition can constitute practical toleration, as seen when authorities decline to prosecute private conduct over long periods.
Supporting sources
No. While religious opinions are a classic example, toleration also extends to other differing opinions, private conduct, and lesser intrusions that an actor chooses not to oppose.
Supporting sources
…extensive discussion of the issue in both governmental and private sectors and by a shift in public attitudes toward greater tolerance. As a result, questions about the rights of gays and lesbians soon reached the courts, where the issue could be discussed in the formal discourse of the law. This Court first gave detailed…