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Protecting the free exercise of religion is a key aspect of fighting antisemitism. Regrettably, modern discourse often restricts the notion of antisemitism to those acts that deliberately target the Jewish people because they are Jewish. This approach overlooks the potential for facially neutral, general laws that burden Jewish religious practice under current free exercise doctrine from the Supreme Court’s decision in Employment Division v. Smith. This discussion will consider the legal arguments needed to restore a robust understanding of free exercise, an important bulwark against antisemitism.
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