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Free Exercise Challenges

Learn about the analytic frameworks relevant to resolving conflicts between religious practices and public healthcare efforts.


Under the Tenth Amendment, states have what’s called police power. This constitutional police power authorizes individual state and local governments to enact laws to protect the public’s safety and health.

But laws protecting the public’s collective health can impair an individual’s personal freedoms, like the freedom to control her own body or to freely exercise her religion. Although some impairment is allowed for the sake of the common good, there are limits to how much a state may impair...