Reynolds, Yoder, and Beyond: Alternatives for the Free Exercise Clause

The religion clauses of the first amendment to the Constitution state: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...." The phrase, "free exercise," with its clear connotation of at least some degree of freedom of action, poses a difficult problem of interpretation and limitation. Other provisions of the first amendment, although phrased in equally absolute terminology, refer to limited forms of action: speech, assembly, or petition. The term "exercise" is limited not to any particular form of action, but only to action within the area of "religion," itself a term without clear boundaries. The subject matter of the clause, religious freedom and toleration, remains a volatile and prominent social concern.

From preoccupation with the cult phenomenon' to racial discrimination under cover of religious belief, the limits of the free exercise clause are relevant and controversial.