Free Exercise Clause
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Issue
I: The issue is whether the state action violated the Free Exercise Clause.
Analysis
R: The exercise clause of the First Amendment has been construed to include (1) the freedom to believe and (2) the freedom to act. The degree of protection individuals are afforded from government interference in religion depends on whether religious belief or conduct is involved.
1. Freedom of Belief
R: The freedom to believe in any religion, or none at all, is absolutely protected and cannot be restricted by law. Further, the government may not deny benefits or impose burdens based on religious beliefs.
A: Here, [apply rules to facts].
2. Freedom to Act
R: However, religious conduct is not absolutely protected. (1) Laws that intentionally target religious conduct are subject to strict scrutiny. (2) Laws that are neutral and generally applicable, even if they incidentally impact religious conduct, are subject only to the rational basis test. (a) A law violates neutrality if its object is to favor or burden religious practices because of their religious nature. (b) A law violates general applicability if it exempts some groups while burdening others, especially if those distinctions disproportionately affect religious practices or align with specific religious sects. Courts assess neutrality and general applicability by analyzing a law’s (i) language, (ii) intent (evidenced through legislative history, statements by policymakers, and context), and (iii) practical impact.
A: Here, [apply rules to facts].
C: Therefore, the law [intentionally targets religious conduct and, thus, is subject to strict scrutiny/is neutral and generally applicable and, thus subject to the rational basis test].
a. Rational Basis Test
R: If a law is neutral and generally applicable, the law is presumed constitutional, placing the burden of proof on the challenger to show it fails the rational basis test. Under this standard, the law is constitutional if it (1) advances a legitimate government interest, and (2) is rationally related to achieving that interest. Examples of legitimate interests include public safety, public health, economic regulation, and general welfare.
A: Here, [apply rules to facts].
b. Strict Scrutiny
R: If a law is not neutral or not generally applicable, and it targets religious conduct either explicitly or in effect, it triggers strict scrutiny. Under this standard, the action is unconstitutional unless it is (1) narrowly tailored to achieve a (2) compelling government interest. A government action is (1) narrowly tailored if it cannot achieve the government’s interest by less restrictive or less discriminatory means. A (2) compelling government interest is one that is necessary to protect critical public policies or goals, such as national security, public health, or fundamental rights. (Because strict scrutiny is intentionally stringent, few government actions satisfy this standard.)
A: Here, [apply rules to facts].
Conclusion
C: Therefore, the state action [violated/did not violate] the Free Exercise Clause.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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