Major US Supreme Court Cases on the Exercise of Religious Freedom

Authors

DOI:

https://doi.org/10.14393/RFADIR-50.1.2022.61013.579-603

Keywords:

Fundamental rights, religious freedom, free exercise clause

Abstract

I studied 02 SCOTUS cases concerning the exercise of religious freedom. I looked into primary sources, transcribing their main arguments. The goal was to describe the Court’s approach to laws that burden the exercise of a particular religion. I noticed that in Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, city ordinances prohibiting animal sacrifice were unanimously considered void, especially because they were directed towards burdening a specific faith – the Santería. On the other hand, I observed that in Burwell v. Hobby Lobby the conservative majority of the Supreme Court guaranteed for-profit corporations the right of, based on religious reasons, not paying for health insurance coverage of certain contraceptives for their female employees.

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Author Biography

Raphael Rego Borges Ribeiro, Universidade Federal do Oeste da Bahia

Doutor, Mestre e Bacharel em Direito pela Universidade Federal da Bahia. Professor efetivo de Direito Civil na Universidade Federal do Oeste da Bahia. Research Assistant (2018-2019) e atualmente pesquisador no Health Law Centre da University of Ottawa - Canadá. 

Published

2022-12-16

How to Cite

Rego Borges Ribeiro, R. (2022). Major US Supreme Court Cases on the Exercise of Religious Freedom. Journal of the Faculty of Law of the Federal University of Uberlândia, 50(1), 579–603. https://doi.org/10.14393/RFADIR-50.1.2022.61013.579-603