Substance of Free Exercise of Religion

Free exercise of religion is protected throughout the United States if the belief is sincerely held and is a religious belief of any kind. The belief or practice need not be part of an organized religion or sect, and the belief need not even include a belief in Deity. Thus, non-traditional religions--including individualistic religions, indigenous religions, polytheism, secular humanism, agnosticism, and atheism--are all protected to the same degree as traditional organized monotheistic religions. See Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 113 S.Ct. 2217 (1993); Frazee v. Illinois Dept. of Employment Security, 489 U.S. 829 (1989); Callahan v. Woods, 658 F.2d 679 (9th Cir. 1981). Courts will not judge the truth or falsity of any belief or doctrine. U.S. v. Ballard, 322 U.S. 78 (1944). Free exercise of religion is protected by the First Amendment from intentional encroachment by the government under all circumstances. The government may not single out religion or a particular religion for the imposition of special burdens unless the law or governmental decision is the least restrictive means of furthering a compelling governmental interest. The same compelling interest test applies under the First Amendment when the government inadvertently encroaches on religious exercise through neutral and generally applicable laws but results in substantial burdening of religious exercise. See Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, supra; Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990); Wisconsin v. Yoder, 406 U.S. 205 (1972); Sherbert v. Verner, 374 U.S. 398 (1963). See also Religious Freedom Restoration Act, 42 U.S.C. 2000bb (1993); Lawson v. Dugger, 844 F.Supp. 1538 (S.D. Fla. 1994). The United States Supreme Court has interpreted the Non- Establishment Clause (also known as the Establishment Clause) of the First Amendment to prohibit official sponsorship of, support of, or active involvement in, religious activity. The Non- Establishment Clause promotes religious freedom in the United States by limiting the influence of federal, state, and local governments on religious thought and practice, whether the influence originates in the legislative, executive, or judicial branch of government. This clause recognizes the right of an individual or group to be free from laws and governmental decisions which aid one religion, aid all religions, or prefer one religion over another. See Walz v. Tax Commission, 397 U.S. 664 (1970); Everson v. Board of Education, 330 U.S. 1 (1947).