Constitutional Law - Religion

Question 1

Religion

Answer 1

Traditional religion as well as beliefs that play a role in life of believer similar to the role that religion plays in life of traditional adherents.

To decide claims, government (and courts):
• May inquire into the sincerity of religious beliefs, but NOT their veracity (truth).

Question 2

Freedom of Religion

Free Exercise Clause – How applied:

Answer 2

TESTS:
• Discriminatory laws (not neutral, not generally applicable – laws crafted to target a religion): Apply Strict Scrutiny – narrowly tailored (least restrictive) to government compelling interest (usually invalid – State BOP)

• Neutral laws of generally applicability: NOT subject to Free Exercise Clause

Examples:
• Ban on clergy holding public office – not valid
• Ban on underage drinking – valid – neutral
• Ban on head dress for DL photo – valid – neutral
• Ban on animal sacrifice except for hunting or kosher facilities – not valid – too particular due to exceptions and looked like directed at group

Question 3

Freedom of Religion

Establishment Clause

Answer 3

1. Government must remain neutral with respect to religion, nether favoring or disfavoring it – NEUTRALITY
2. Government may not directly or indirectly coerce individuals to exercise (or refrain from exercising) religion – CORECION
   • Can’t fine for not attending church
3. From standpoint of reasonable and informed observer government must not appear to endorse or disprove of religion, making it seem relevant to a person’s standing in the political community – ENDORSEMENT
4. Law must not be invalidated by LEMON TEST:
   • Primary purpose is sectarian
   • Primary effect is secretariat
   • Excessive entanglement between government and religion

Question 4

Freedom of Religion

History and Tradition Approach

Answer 4

Sometimes the Court sets aside principals of neutrality, coercion, endorsement, and the Lemon test and finds that a state religious display or practice is tolerable acknowledgement of the role religion has played in the history and tradition of the nation.

NOTE: Helps if display or practice has been around for awhile or is in historical setting

Examples:
• Prayer opening legislative session
• Four – decade old Ten Commandments on Texas Capitol grounds surrounded by dozens of other historical or societal significance.

Question 5

Freedom of Association

Answer 5

Individual may not be denied benefit unless government can show:

1. Dues paying member of subversive group, and
2. Specific intent to engage in unlawful group

Question 6

Governmental financial assistance given to post-secondary (colleges and universities) religious schools for secular use is……
(Unconstitutional or constitutional)

Answer 6

Constitutional