8 Questions to Understand Constitutional Protections for Freedom of Religion
1. What is the scope of “freedom of religion”?
Does the constitution guarantee the right to practice any religion, or no religion at all?
Does it protect both belief and conduct?
2. What is the relationship between religion and the state?
How does the constitution define the separation of church and state?
Are government actions required to be neutral toward religion?
3. Does the constitution protect religious expression?
May the state and religious communities publicly declare religious beliefs?
Must religious expression be restricted in particular places, like schools or work?
4. To what extent may religious activity be limited?
May the state prohibit practices harmful to public safety, health, or order?
How are the state’s and religious communities’ laws reconciled when they clash?
5. Does the constitution prohibit religious discrimination?
Are persons and entities protected from discrimination both in public and private life because of their religions?
How do religious minorities receive protection?
6. What provisions exist for religious activity?
Do the laws require reasonable accommodations for religious convictions and practice, such as exemptions or workplace modifications?
How is such religion accommodation weighed against other social goals?
7. How are religious instruction or education addressed in the constitution?
To what extent are religious schools protected and can they be funded by the state?
Can students and teachers freely practice religion in public schools?
8. How does the constitution deal with new religious issues?
Does it protect nontraditional or newly developed religions?
How does it handle new challenges such as technology, bioethics?