Stephen Senn

Document Type



The first amendment to the United States Constitution protects the religious freedom of individuals through its establishment and free exercise clauses. Should the government's hands-off policy under the free exercise clause provide a protective blanket for fraudulent moneymaking schemes carried out in the name of religion? The author of this Article argues that the protection of religious freedom can comfortably coexist with protection from religious fraud where courts employ a "sincerity test." He concludes that with appropriate procedural safeguards, courts can use this test to distinguish sincere religious exercise from criminally fraudulent enterprise.