Religious Liberty Upheld: Courts Empowered to Protect Free Exercise Rights
The article discusses the importance of taking free exercise rights seriously and suggests a new approach for courts to consider in protecting religious liberty. It argues that courts should develop a more nuanced and complex framework for adjudicating free exercise cases, similar to how they handle free speech and equal protection cases. The article highlights the need to balance the benefits of protecting religious exercise with secular values, draw distinctions to apply different standards of review, and constrain the balancing process. It also emphasizes the importance of considering past legislative accommodations when evaluating state interests in restricting religious exercise.