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Defining Freedom > Freedom of Religion > Answer to Question 1



Yes.
You are free to believe whatever you want about religion.
The government cannot punish you for your beliefs.



The First Amendment’s Establishment clause says that the government cannot establish an official religion for the country or give preferential treatment to a religion. The First Amendment also has language that says governments cannot restrict people from practicing their religion. The government can regulate actions in the interests of others but cannot regulate beliefs.

Reynolds v. United States (1879)
The Supreme Court upholds a law banning polygamy, a religious belief that allows a man to have multiple wives. The decision affirms that government can regulate actions such as marriage.


Torasco v. Watkins (1961)
The Supreme Court struck down a Maryland law which required candidates for public office to swear that they believe in God. The religious test violated the First and Fourteenth amendments as well as Article VI of the Constitution.


Wisconsin v. Yoder (1972)
Three Amish families violated Wisconsin law when they removed their children from public school after the eighth grade. State law requires students to attend school until at least age 16. The families argued that attending high school was contrary to their religious beliefs. The Supreme Court ruled in favor of the families, finding that the families’ free exercise of religion under the First Amendment outweighed the
state’s interests in mandating two more years of schools.


McDaniel v. Paty (1978)
Tennessee had a law that barred clergy members from public office. The Supreme Court overturned the law because it targeted people based on their religious profession.




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