establishment clause

Question 1

establishment clause

Answer 1

looks to maintain the separation of church and state, and prevents state actions that have an effect of advancing religion or favoring one religion over another

Question 2

freedom of religion

Answer 2

The First Amendment provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

Question 3

discriminatory standard

Answer 3

strict scrutiny analysis will be applied

Question 4

neutral

Answer 4

lemon test applies

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 5

free exercise clause

Answer 5

Where an individual’s conduct is motivated by his religious beliefs, the state may regulate or prohibit the activity if the regulation is “neutral in respect to religion and is of general applicability”