a) Identify the constitutional clause that is common to both
Wisconsin v. Yoder
(1972) and
Employment Division v. Smith
. The constitutional clause that is common to both Wisconsin v Yoder and Employment Division v Smith is the Free Exercise Clause of the First Amendment
b) Based on the constitutional clause identified in part A, explain why the facts of
Employment Division v. Smith
might have led to a different holding than the holding in
Wisconsin v. Yoder
. The
Free Exercise Clause of the First Amendment guarantees individuals the right to feely exercise their religious beliefs. The Supreme Court felt the governments interest in maintaining a general law banning peyote outweighed the individuals right to freely exercise their religion. In Wisconsin v Yoder, the Supreme Court held the Amish parent’s religious rights outweighed the states interest in education beyond 8
th
grade.
c) Describe an action that members of the public who disagree with the holding in
Employment Division v. Smith
could take to limit its impact. The public could engage in social media, or public forums to draw awareness to the impact of the Employment Division v Smith. Also, the public could work towards lobbying new laws that would provide greater protection for religious freedom.
