The First Amendment to the United States Constitution makes it unlawful for the U.S. Congress or any of the states to prohibit the free exercise of religion.

The free exercise of religion means the right to believe and profess whatever religious doctrine one desires. Thus, the First Amendment obviously excludes all governmental regulation of religious beliefs. The government may not compel affirmation of religious belief, punish the expression of religious doctrines it believes to be false, impose special disabilities on the basis of religious views or religious status, or lend its power to one or the other side in controversies over religious authority or dogma.

But the exercise of religion often involves not only belief and profession of belief, but the performance of (or abstention from) physical acts: assembling with others for a worship service; participating in sacramental use of bread and wine; proselytizing; or abstaining from certain foods or certain modes of transportation.

A State would presumably be prohibiting the free exercise of religion if it sought to ban such acts or abstentions only when they are engaged in for religious reasons, or only because of the religious belief that they display. It would be unconstitutional, for example, to ban the creation of statues that are to be used for worship purposes, or to prohibit bowing down before a golden calf.

In Nebraska, as in all states, the First Amendment to the United States Constitution provides robust protections for the free exercise of religion. This means that individuals in Nebraska have the right to hold any religious belief they choose and to express those beliefs without fear of government interference. The government is prohibited from compelling individuals to affirm any religious belief, punishing them for their religious doctrines, imposing disabilities based on religious status, or taking sides in religious controversies. Furthermore, the free exercise of religion includes not only belief and profession but also the performance of—or abstention from—physical acts associated with religious practice. This can include assembling for worship, participating in religious ceremonies, proselytizing, and following religious dietary laws or practices. Nebraska cannot ban religious practices or acts that are performed for religious reasons, nor can it prohibit acts because they display a religious belief. Any state law or action that targets religious practices in such a manner would likely be found unconstitutional under the First Amendment.