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 Jersey, 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 New Jersey have the right to hold any religious belief they choose and to express those beliefs without fear of government interference. The state cannot compel individuals to affirm any religious belief, impose penalties based on religious doctrines, or favor one religion over another. Furthermore, the free exercise of religion in New Jersey encompasses not only belief and profession but also the performance of—or abstention from—physical acts that are religious in nature, such as attending worship services, participating in religious rituals, proselytizing, or following religious dietary laws. Any state action that targets religious practices specifically because they are religious, or that discriminates against individuals based on their religious beliefs, would likely be found unconstitutional. However, the state may enforce neutral, generally applicable laws that incidentally affect religious practices, as long as the purpose of the law is not to inhibit religious beliefs or practices.