7) 1Am - Religion

Question 1

1Am re religion: 2 clauses

Answer 1

1) establishment clause

2) free exercise clause

Question 2

1A relig: scope

Answer 2

applies to feds
AND states (14 DPC)

Question 3

establishment clause: rule

Answer 3

“Congress shall make no law respecting an establishment of religion”

Question 4

free exercise clause: reul

Answer 4

“Congress shall make no law…prohibiting the free exercise thereof (of relig)

Question 5

establishment clause: 2 tests

Answer 5

1) if gvt is preferring one (or all) religions over another (or none) –> STRICT SCRUTINY
2) if neutral on it’s face –> PEEL

Question 6

establishment clause: PEEL test

Answer 6

1) purpose: must be secular
2) effect: primary purpose or effect must not be to advance or inhibit relig
3) entanglement: must not foster excessive gvt/relig entanglement
4) Lemon (case name)

Question 7

relig in schools: exs of UNCONST

Answer 7

1) moment of silence (prayer hx)
2) post 10 commandments in classroom
3) HS grad prayers
4) student led, studnet chosen prayer at HS footballg ame

Question 8

relig in schools: school prayer

Answer 8

per se unconst

Question 9

relig in schools: ex ok

Answer 9

religious club holding meetings in public school

Question 10

relig in schools: curriculum

Answer 10

• -can’t teach relig doctrine as truth
• -can’t prohibit teaching evolution
• -ok teach about different religs (just not “truth”)

Question 11

relig in public life: exs ok

Answer 11

1) include creche in xmas display (secular)
2) display cross in park where many other displays
3) display 10 coms w other monuments
4) sunday closing laws (secular purpose: day of rest)

Question 12

relig in public life: exs UNCONST

Answer 12

1) 10 coms on wall of courthouse (no secular purpose)

2) delegation of authority to religious orgs

Question 13

delegation of authority to religious orgs?

Answer 13

unconst

Question 14

tax deductions for religious orgs?

Answer 14

ok if neutral

NOT ok if just religion exempt

Question 15

gvt aid to religious schools: ok provide $ to both private and public schools for:

Answer 15

1) bus
2) secular textbooks
3) standardized tests
4) school lunches
5) lirary, media, computers
6) deaf interpreter

Question 16

gvt aid to relig schools: UNCONST (+exception)

Answer 16

1) fund religious instruction
2) secular teachers in religious schools at secondary level
exception: ok at university level (professional norms: no teach doctrine)

Question 17

gvt aid to religious schools: tax deducitons

Answer 17

ok if for actual school ependitures, even if most using for relig schools

Question 18

gvt aid to religious schools: vouchers

Answer 18

ok bc parents make choice of where to send child

Question 19

providing public services through religious institutions?

Answer 19

ok if treat them neutrally

Question 20

free exercise clause: tests

Answer 20

1) beliefs: absolutely protected (gvt can’t deny benefits or impose burdens)
2) conduct: Smith test

Question 21

FEC: beliefs: exception

Answer 21

ok inquire into sincerity of claim of belief (but not truth or falsity)

Question 22

FEC: Smith test (+ exception)

Answer 22

where indiv’s conduct is motivated by relig beliefs:

1) state MAY regulate or prohibit activity IF
2) regulation is neutral wrt religion AND
3) is of general applicability

excpetion: gvt is targeting religion (no neutrality–pretext)

Question 23

FEC: conduct: exs OK to restrict

Answer 23

restrictions on:

1) polygamy
2) airforce headgear
3) Amish employer must pay SS tax

Question 24

FEC: conuct: exs UNCONST to restrict (+ posture note)

Answer 24

these were old cases expressly not overruled by Smith – now spl rules

1) sabbath observance still must be eligible for EDD
2) Amish HS: parents exempt from compulsory edu