The neutrality test is an approach to free exercise cases adopted in Employment Division v. Smith (1990) that maintains that governmental policies that are neutral in form and generally applied will be deemed constitutional, regardless of their adverse impact on certain religious practices.

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The neutrality test, as adopted in Employment Division v. Smith, posits that laws that are neutral and generally applicable do not violate the Free Exercise Clause of the First Amendment, even if they incidentally affect certain religious practices.

The Neutrality Test Is an Approach to Free Exercise Cases