Establishment and Free Exercise Clauses

Question 1

Establishment Clause

Answer 1

Prohibits gov’t from prefering one religion or over another

Where a government program prefers one religion or religious sect over others, strict scrutiny analysis will be applied

Question 2

When is the Lemon Test used?

Answer 2

Where the legislation or government program contains no religious or sect preference

Question 3

What are the elements of the Lemon Test?

Answer 3

1. the statute must have a secular legislative purpose;
2. the principal or primary effect or purpose must neither advance nor inhibit religion; and
3. the statute must not foster an excessive government entanglement with religion.

Question 4

Religious Activities Conducted at Public Schools:

Answer 4

religious activities conducted in public schools violate the Establishment Clause because their primary purpose is to promote religion

Question 5

Public School Curriculum:

Answer 5

Anti-evolution laws prohibiting the teaching of Darwinian principles in public schools are unconstitutional

Question 6

tax deductions for Religious institutions:

Answer 6

SCOTUS has upheld the validity of a property tax exemption for religious institutions as the equivalent of exempting other charitable organizations

*however, an exemption from sales and use taxes available only for the sale of religious magazines and books violates the Establishment Clause as an endorsement of religion.

Question 7

Government Aid to Religious Schools

Answer 7

• Providing bus fare for both public and private (including some religious) schools has been found to be constitutional
• State can provide money to both private and public schools for:
  
  • secular textbooks
  • standardized tests
  • lunch
  • library, media materials, and computers
  • interpreters for deaf students

Question 8

Free Exercise Clause

Answer 8

• A person’s religious beliefs are absolutely protected.
• The government may not punish an individual by denying benefits or imposing burdens based on religious belief.

Question 9

Religious displays on public property?

Answer 9

• Ten Commandments on public property not allowed if it has predominantly religious purpose
• Government holiday displays permissible unless reasonable observer’s conclusion is that they endorse religion

Question 10

How is religious conduct protected?

Answer 10

• Not absolutely protected
• State laws that intentionally target religious conduct subject to strict scrutiny
• Neutral state laws of general applicability that have an impact on religious conduct only subject to rational basis test