Freedom from Compelled Profession of Belief, Adverse Targeting, and Discrimination

Amidst modern controversies over what it protects, the Free Exercise Clause has a settled core, which overlaps what the Establishment Clause guarantees. The government cannot force people to profess religious beliefs, it cannot target religious practices for unfavorable treatment, and it cannot discriminate among religions. These basic, straightforward principles raise some intriguing questions about what constitutes discrimination, about the “freedom to believe,” and about legislators’ attitudes toward the value of religious activity.