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 New Hampshire, 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 have the right to hold any religious belief they choose, and the government cannot interfere with these beliefs or compel individuals to adhere to certain religious principles. Furthermore, the government is prohibited from punishing individuals for their religious beliefs, imposing disabilities based on religion, or taking sides in religious disputes. The free exercise of religion extends beyond mere belief to include religious practices and rituals, such as worship services, sacraments, proselytizing, and dietary or transportation abstentions. New Hampshire must not enact laws that target religious practices or abstentions based on their religious nature or the beliefs they represent. Any state action that prohibits religious acts or abstentions solely because they are religiously motivated would likely be found unconstitutional. It is important to note that while the free exercise of religion is broadly protected, there are limitations when religious practices conflict with public safety, health, or other compelling state interests. In such cases, the state may be able to justify certain regulations that incidentally affect religious practices.