United States v. Barlow

In this direct criminal appeal, we are called upon for the first time bo interpret the reach of 18 U.S.C. § 247. In particular, we are asked to rule whether, as used in that statute, “the free exercise of religion” comprehends not only the right actively to select and practice the religion of one’s choice, but also the right passively to refrain from practicing a particular religion or to disassociate one’s self from one’s former religion. We hold that the concept of “the free exercise of religion” is sufficiently broad to encompass both choices, active practice and passive disassociation.

Defe…