caa a22 4500 386392579 CHVBK 20180307112124.0 cr unu---uuuuu 161130s1989 xx s 000 0 eng 10.2307/1051126 doi S0748081400011310 pii (NATIONALLICENCE)cambridge-10.2307/1051126 Marshall William P. The Case Against the Constitutionally Compelled Free Exercise Exemption [Elektronische Daten] [William P. Marshall] Free exercise jurisprudence is unique in constitutional law. Because direct regulation of religious activity almost never occurs, the litigation surrounding free exercise addresses only incidental and inadvertent regulation of religious conduct. For this reason, the issue in a free exercise challenge typically is not whether a law is constitutional; the law under attack is usually constitutionally unassailable outside of its incidental effect on religious practice. Rather, the issue is whether certain individuals should be exempted from otherwise valid, neutral laws of general applicability solely because of their religious conviction. The jurisprudence of free exercise, in short, is the jurisprudence of the constitutionally compelled exemption. There are a number of tensions underlying the notion of constitutionally compelled exemption and underlying the constitutional treatment of religion and religious belief, that make free exercise jurisprudence a particularly difficult subject for coherent analysis. First, because special exemptions of any kind raise concerns of undue favoritism, they are normally suspect as violating fundamental constitutional principles of equal treatment. Thus, as the Court noted recently, the conclusion that the Constitution may require the creation of an exemption directly contradicts the constitutional norm. Copyright © Center for the Study of Law and Religion at Emory University 1989 Journal of Law and Religion Cambridge University Press 7/2(1989), 363-414 0748-0814 7:2<363 1989 7 JLR https://doi.org/10.2307/1051126 text/html Onlinezugriff via DOI 1 research-article jats NATIONALLICENCE 856 40 https://doi.org/10.2307/1051126 text/html Onlinezugriff via DOI NATIONALLICENCE 100 1- Marshall William P. NATIONALLICENCE 773 0- Journal of Law and Religion Cambridge University Press 7/2(1989), 363-414 0748-0814 7:2<363 1989 7 JLR CC0 http://creativecommons.org/publicdomain/zero/1.0 nationallicence BK010053 XK010053 XK010000 NATIONALLICENCE NATIONALLICENCE NL-cambridge