Free Exercise Timeline

 

I. Reynolds (1878)—Religious belief and opinions are protected, but religiously-motivated conduct (i.e. religious exercise) is not protected.

II. Sherbert (1963) & Yoder (1972)—free exercise (conduct) is protected under a compelling interest test when a law substantially burdens religiously-motivated conduct.

III. Smith (1990) (back to the belief/conduct distinction)—religious belief and opinions are protected, but religiously-motivated conduct is not protected against neutral laws of general application.

IV. Post-Smith (1990 to present)—the Court attempts to define which laws are not neutral or not generally applicable. Also begins to question whether Smith should be overruled.