Defining “Religion”: Demonstrating Religious Belief in Federal Litigation
Can rejecting a vaccine be considered a religious practice in law? What about the provision of reproductive healthcare? Or the right to eat a specific diet while incarcerated?
Neither the Supreme Court nor Congress have defined “religion.” Yet, to determine whether a belief or practice is protected by federal, statutory, or constitutional religious liberty law, courts must distinguish between religious and non-religious beliefs. To assist practitioners, scholars, and students interested in religious liberty litigation, the Law, Rights, & Religion Project has studied federal courts' approach to determining religiosity. This report distills the factors courts consider, and do not consider, when assessing whether beliefs and practices are religious, bringing much-needed clarity to this amorphous area of law.