Joseph and Michael Hofer in the context of "United States Disciplinary Barracks"

In the United States, freedom of religion is a constitutionally protected right provided in the religion clauses of the First Amendment. The Bill of Rights supports freedom of religion as a legally-protected right, reading that, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...". George Washington stressed freedom of religion as a fundamental American principle even before the First Amendment was ratified. In 1790, in a letter to the Touro Synagogue, Washington expressed the government "gives to bigotry no sanction" and "to persecution no assistance." Freedom of religion is linked to the countervailing principle of separation of church and state, a concept advocated by Colonial founders such as Dr. John Clarke, Roger Williams, William Penn, and later Founding Fathers, including James Madison and Thomas Jefferson.

The way freedom of religion is interpreted has changed over time in the United States and continues to be controversial. The issue was a major topic of George Washington's Farewell Address. Several American states had their own official state churches both before and after the First Amendment was passed and various Native American religions have been banned for most of US history. Illegal Native American religion was a major cause of the 1890–1891 Ghost Dance War. Starting in 1918, nearly all of the pacifist Hutterites emigrated to Canada when Joseph and Michael Hofer died following torture for conscientious objection to the draft. Some have since returned, but most Hutterites remain in Canada.