What is more miserable than uncertainty!
Martin Luther, ON THE BONDAGE OF THE WILL
Accordingly, those who thus philosophize more subtly over these terms appear to be ridiculous
John Calvin, INSTITUTES OF THE CHRISTIAN RELIGION
Commentators agree about two things concerning the free exercise clause of the first amendment: first, that its primary purpose is to protect religious liberty; and second, that its jurisprudence seems unguided and incomprehensible. Scholars and courts have proposed various free exercise tests, none of which has proven satisfactory in producing consistency and predictability. Moreover, such tests invariably require judges to make subjective inquiries into beliefs; such inquires are harmful to religious freedom. This article proposes a clear, practical and objective free exercise test for granting judicial exemptions to individuals, based on the underlying value of safeguarding religious liberty.