By E. Gregory Wallace. 114 Penn St. L. Rev. 485.
Religious freedom is a fundamental value in American constitutional law. Thomas Jefferson called it “the most inalienable and sacred of all human rights.” James Madison urged that religion “must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate. This right is in its nature an unalienable right.” The First Amendment contains a separate clause addressing the free exercise and nonestablishment of religion, thus distinguishing religious freedom from freedoms of speech, press, assembly, and petition. The question is, why? Why does the First Amendment single out religion for special protection in our constitutional system? Why is religion treated differently than other beliefs and activities? What, if anything, about religion merits unique constitutional rules? [keep reading]