American Constitutionalism in Historical Perspective (packet)

Coercion: Barnette and Wooley v. Maynard, (p.1535)

Interfering with religious practices

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   Lukumi Babalu Aye v. City of Hialeah, 1993: Overturns crim prohibitions vs. animal sacrifice b/c it was directed at an ethnic minority religion. State interest: public health and cruelty to animals. Found that exemptions were allowed for Kosher killing and so law is not narrowly tailored and is not the least restrictive alternative. P.1518: c/n have preference for one religion over another. In core of free exercise, d/n permit criminalization of belief, though acts motivated by belief can be subject to criminal law if there is a compelling secular state purpose.
   
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   Reynolds v. US, 1878: (P. 1521): Upheld laws prohibiting polygamy, a core practice of Mormon faith. Religious law s/n be placed above secular interests. Found compelling secular state purpose in forbidding polygamy b/c it was degrading to women was patriarchal, disgusting, and dangerous for children. (allows coercion). State says poor treatment of women and threat to gender equality is sufficient interest to criminalize polygamy. Also risks children’s well-being b/c young women are married off at very young ages. But Mormon women argue that lots of wives means lots of child support and better child care. Polygamy law is coercion on action so free exercise d/n apply but later cases say that free exercise applies to all conscientious action not just belief.
   

Compelling action contrary to beliefs:

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   Wisconsin v. Yoder, 1982: D convicted for failing to send child to school beyond 8^th grade in accord w/ Amish beliefs. Overturns the decision finding that Amish should be allowed free exercise rts and that the state’s purpose (compulsory ed) is not as compelling as applied to this agrarian, self-supporting religion. Gov’t mandatory education law is coercive to them. Parents’ control over child’s education is central free exercise/privacy interest. Most massive expansion of free exercise. Tries to narrow holding to the Amish and excludes Thoreau (secular dissent).
   
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