All Articles tagged Free Exercise

• State Constitutional Commentary
  September 13, 2019 EDT
  MOVING FROM THE STATEHOUSES TO THE STATE COURTS? THE POST-RFRA FUTURE OF STATE RELIGIOUS FREEDOM PROTECTIONS
  Paul BaumgardnerBrian K. Miller

  Approaching religious freedom claims through the judicial branch can help states avoid the dangers of RFRA legislative fights, while ensuring that religious protections are balanced against competing rights claims.

• General
  December 12, 2018 EDT
  PROPHYLACTIC FREE EXERCISE: THE FIRST AMENDMENT AND RELIGION IN A POST-KENNEDY WORLD
  Brendan Beery

  Had Justice Kennedy not been on the Court, the Court would likely have decided more broadly that free exercise trumps any generally applicable obligation under a mere state statute.

• General
  June 15, 2016 EDT
  RUIZ-DIAZ V. UNITED STATES: RFRA, SUBSTANTIAL BURDEN, AND THE NINTH CIRCUIT’S CAUSATION-NEXUS REQUIREMENT—A WRINKLE OR A ROADBLOCK FOR FUTURE IMMIGRATION-RELATED RELIGIOUS FREEDOM CHALLENGES?
  Scott D. Pollock

  This article examines the Ruiz-Diaz decision and its effect on the question of whether the refusal of immigration benefits violates RFRA if religious-based exceptions are not made available.

• State Constitutional Commentary
  January 05, 2015 EDT
  “OUR CONSTITUTION, OUR PRECEDENTS, AND [OUR] OWN BEST HUMAN JUDGMENTS:” A SURVEY OF FREE EXERCISE STATE CONSTITUTIONAL INTERPRETATION IN THE WAKE OF OREGON V. SMITH.
  Robert McIver

  It is the purpose of this article to articulate the state of state constitutional protections for free exercise of religion after Oregon v. Smith.

• State Constitutional Commentary
  September 23, 2013 EDT
  REFERENDA, INITIATIVES, AND STATE CONSTITUTIONAL NO-AID CLAUSES
  James N.G. Cauthen

  In this article, the author evaluates modern efforts to repeal or amend state no-aid clauses, focusing specifically on proposals involving religious elementary and secondary schools.

• General
  August 08, 2007 EDT
  SYMPOSIUM: A SECOND-CLASS CONSTITUTIONAL RIGHT? FREE EXERCISE AND THE CURRENT STATE OF RELIGIOUS FREEDOM IN THE UNITED STATES
  Vincent Martin Bonventre

  Introductory remarks

• General
  August 08, 2007 EDT
  RELIGIOUS FREE EXERCISE AND ANTI-DISCRIMINATION LAW
  Michael P. Moreland

  Remarks from symposium

• General
  August 08, 2007 EDT
  REFLECTIONS ON FREE EXERCISE: REVISITING ROURKE V. DEPARTMENT OF CORRECTIONAL SERVICES
  Gary J. Simson

  Remarks from symposium

• General
  August 08, 2007 EDT
  RLUIPA AND CONGRESSIONAL INTENT
  Luke Meier

  Remarks from symposium

• General
  August 08, 2007 EDT
  THE POLITICS OF A SECOND CLASS RIGHT: FREE EXERCISE IN CONTEMPORARY AMERICA
  Timothy A. Byrnes

  Remarks from symposium

• General
  August 08, 2007 EDT
  THE CONSTITUTIONAL REQUIREMENT OF SENSITIVITY TO RELIGION
  Richard A. Hesse

  Remarks from symposium

• General
  August 08, 2007 EDT
  RELIGIOUS LIBERTY AS A POSITIVE AND NEGATIVE RIGHT
  Steven K. Green

  This speech takes a different approach to the debate about whether distinct values are represented in the two religion clauses: the Free Exercise Clause and the Establishment Clause.

• General
  August 08, 2007 EDT
  SYMPOSIUM: A SECOND-CLASS CONSTITUTIONAL RIGHT? FREE EXERCISE AND THE CURRENT STATE OF RELIGIOUS FREEDOM IN THE UNITED STATES
  Vincent Martin Bonventre

  Introductory remarks

• General
  August 08, 2007 EDT
  RELIGIOUS FREE EXERCISE AND ANTI-DISCRIMINATION LAW
  Michael P. Moreland

  Remarks from symposium

• General
  August 08, 2007 EDT
  REFLECTIONS ON FREE EXERCISE: REVISITING ROURKE V. DEPARTMENT OF CORRECTIONAL SERVICES
  Gary J. Simson

  Remarks from symposium

• General
  August 08, 2007 EDT
  RLUIPA AND CONGRESSIONAL INTENT
  Luke Meier

  Remarks from symposium

• General
  August 08, 2007 EDT
  THE POLITICS OF A SECOND CLASS RIGHT: FREE EXERCISE IN CONTEMPORARY AMERICA
  Timothy A. Byrnes

  Remarks from symposium

• General
  August 08, 2007 EDT
  THE CONSTITUTIONAL REQUIREMENT OF SENSITIVITY TO RELIGION
  Richard A. Hesse

  Remarks from symposium

• General
  August 08, 2007 EDT
  RELIGIOUS LIBERTY AS A POSITIVE AND NEGATIVE RIGHT
  Steven K. Green

  This speech takes a different approach to the debate about whether distinct values are represented in the two religion clauses: the Free Exercise Clause and the Establishment Clause.

• General
  January 01, 2006 EDT
  SYMPOSIUM: A SECOND-CLASS CONSTITUTIONAL RIGHT? FREE EXERCISE AND THE CURRENT STATE OF RELIGIOUS FREEDOM IN THE UNITED STATES
  Vincent Martin Bonventre

  State Constitutional Law Symposium