A BASIC INTRODUCTION TO CONSTITUTIONAL FREE EXERCISE OF RELIGION IN THE UNITED STATES AND JAPAN
A BASIC INTRODUCTION TO CONSTITUTIONAL FREE EXERCISE OF RELIGION IN THE UNITED STATES AND JAPAN

Summary/Abstract: This article explores the free exercise of religion under the United States and Japanese Constitutions. The free exercise clause of the First Amendment of the United States Constitution and Article 20 of the Japanese Constitution are the key provisions. The article focuses on the question of mandatory exemptions to laws generally applicable laws. In other words, must government give exemptions based on religion to laws that apply the same to everyone, but create a burden on individuals with particular religious practices. The United States Supreme Court said the answer is “no” in Employment Division v. Smith. The Japanese Supreme Court suggested the answer is “yes” in Matsumodo v. Kobayashi. This article suggests that the Japanese Supreme Court better addressed what is necessary for the free exercise of religion, and provided better suggestions on how to achieve it than the United States Supreme Court.

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