Liberty of Conscience, Free Exercise of Religion, and the U.S. Constitution

Chapman, Nathan S.

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Liberty of Conscience, Free Exercise of Religion, and the U.S. Constitution

Christianity and the Laws of Conscience: An Introduction, eds. Helen Alvare & Jeff Hammond, Oxford: OUP, Forthcoming

University of Georgia School of Law Legal Studies Research Paper No. 2019-39

24 Pages Posted: 2 Jan 2020 Last revised: 17 Jan 2020

See all articles by Nathan S. Chapman

Nathan S. Chapman

University of Georgia School of Law

Date Written: December 10, 2019

Abstract

This chapter explores the extent to which U.S. constitutional law protects religious and non-religious conscience through a variety of overlapping doctrines. It explains the conceptual development of arguments for the free exercise of religion and liberty of conscience, the extent to which the Supreme Court has interpreted the Free Exercise Clause to protect non-religious conscience rights, and the role that other constitutional doctrines, including under the Establishment Clause and the Free Speech Clause, operate to protect those rights.

Keywords: Constitutional Law, Religious Liberty, Free Exercise of Religion, Freedom of Conscience, First Amendment, Legal History, Establishment Clause, Free Speech

Suggested Citation: Suggested Citation

Chapman, Nathan S., Liberty of Conscience, Free Exercise of Religion, and the U.S. Constitution (December 10, 2019). Christianity and the Laws of Conscience: An Introduction, eds. Helen Alvare & Jeff Hammond, Oxford: OUP, Forthcoming, University of Georgia School of Law Legal Studies Research Paper No. 2019-39, Available at SSRN: https://ssrn.com/abstract=3501716