27. Freedom of Religion (1A)

Question 1

What type of religions may government not regulate?

Answer 1

Traditional religions

NOT mere philosophical/political views

Question 2

What is the rule under Free Exercise Clause?

Answer 2

Not punish religious belief

Punish religious practice => Balancing test

1) Compelling government interest
2) Narrowly tailored
3) Burden v Gov interest

General conduct regulation (incidental burden on religion) => Rationak basis test

1) Legitimate gov interest
2) Rationally related

Question 3

What are examples of unconstitutional punishments on religion?

Answer 3

Office employees to take religious oath

Clerics denied from taking public office

Religious belief declaration as false

Question 4

What is required for religious exemptions from general conduct regulations?

Answer 4

Government has specific intent to interfere with religion

Specific exemptions (despite incidental burden)

• Amish children should not attend school until 16
• Employees quitting jobs due to religious reasons should be entitled to unemployment benefits
• Ministers should not be subject to lawsuits re employment discrimination

Question 5

What is the rule under the Establishment Clause (Lemon v Kurtzman)?

Answer 5

1) Secular (non-religious) purpose
- NOT favour religion

2) Primary effect: NOT advance/inhibit religion

3) NO ‘excessive’ government entanglement with religion
- NOT financial aid to schools (UNLESS colleges: less likely religious indoctrination)
- NOT close government surveillance of school teachers’ salaries
- NOT school sponsored religious activities

Question 6

Is there any exception to the Establishment Clause?

Answer 6

Legislative prayers

• Legislative sessions may invite clergy members to conduct religious prayers
• US has recognised long history of nonsectarian prayers during legislative sessions in US

Question 7

What part of religion can governments regulate?

Answer 7

Practice

NOT belief