Tag Archives: free exercise of religion

Free Exercise Clause is No Defense Say Courts (but some descrimination should be allowed, maybe?)

Since both the New Mexico wedding photographer and the Colorado wedding cake cases said to be the impetus behind SB 1062 have both been decided in court, perhaps the decisions might prove instructive to our discussions. The decisions for Craig … Continue reading

Posted in Constitutional Interpretation, Democracy, Judicial Review, Law and Difference, Rights, Uncategorized | Tagged , , , , , , | Leave a comment

Sherbert, Peyote, and Contraceptives: The Right to Free Exercise

Prior to 1990, the standard for Free Exercise claims, known generally as the “compelling interest test” (also known as the Sherbert-Yoder test from the cases that set the precedent), was much more deferent to the religious rights of individuals. This … Continue reading

Posted in Constitutional Interpretation, Rights, Scalia, Supreme Court and Social Reform, Tyranny of the Majority | Tagged , , , | 3 Comments