The 1st Amendment directly expresses the Constitution’s clear ‘bias’ in favor of religion. The first words out of the gate in the Bill of Rights are “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof[.]” If you’re freely exercising religion, that is, you’re better protected than if you’re trying freely to express something that’s like religion but, crucially, not. Mere moral preferences do not receive the same protection. Nevertheless, the Supreme Court has characteristically interpreted religion and free exercise about as broadly as possible. And, like the Court, Americans have tended to view the exercise of religion as a important and privileged variety of free expression in general. Rarely are religious observances prohibited.

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