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Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen Brady
Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen Brady
Kathleen A Brady
Much has been written about the protections afforded by the Free Exercise Clause when government regulation impacts the religious practices of individuals, and if one looks for guidance from the Supreme Court, the rules are fairly clear. Prior to 1990, the Supreme Court had long employed a balancing approach that afforded—at least in theory—significant relief. Under this approach individuals were entitled to exemptions from laws which substantially burdened religious conduct unless enforcement was justified by a compelling state interest. In 1990, in Employment Division v. Smith, the Supreme Court abandoned this balancing test for all but a few categories of …
Catholic Social Thought In The Public Square: Deconstructing The Demand For Public Accessibility, Kathleen Brady
Catholic Social Thought In The Public Square: Deconstructing The Demand For Public Accessibility, Kathleen Brady
Kathleen A Brady
No abstract provided.