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 West Virginia, 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 and express their religious beliefs without interference from the government. The state cannot compel individuals to adhere to a particular religious belief, penalize them for their religious expressions, or impose special restrictions based on their religious beliefs or status. Furthermore, the free exercise of religion encompasses not only belief systems but also the performance of actions associated with those beliefs, such as attending worship services, participating in religious rituals, proselytizing, and following religious dietary laws. West Virginia cannot prohibit these religious practices or target them because they are religious in nature. Any state action that singles out religious acts or abstentions for special treatment or restriction would likely be found unconstitutional. Attorneys in West Virginia would advise that state laws and policies must be carefully crafted to avoid infringing upon these First Amendment protections.