Establishments and Free Exercise

Question 1

Free Exercise - FINAL REVIEW

Answer 1

SHANG TASH
1. right to Sincerely Held religious beliefs, live out,
2. Applicable Neutral Generally rational basis;
3. Targets or Animus Strict scrutiny
4. Hybrid strict scrutiny.

Question 2

Establishment FINAL

Answer 2

SECHBOBS-SLR
1. government shall not Sponsor or Endorse;
2. Coerce;
3. Historical practices and understanding;
4. Burden Or Benefit one religion over another, Strict scrutiny;
5. School, Legislative, Reindeer.

Question 3

Religious Freedom Restoration Act (RFRA)

Answer 3

1. Does not apply to state law;
2. Strict scrutiny for Federal laws that target religion.

Question 4

Free exercise - rational basis

Answer 4

1. Otherwise valid, neutral, general applicability;
2. Employment Div. v. Smith (public EE fired for peyote, unemployment)

Question 5

Free exercise - strict scrutiny

Answer 5

1. Target or animus towards religion;
2. Hialeah (law preventing animal sacrifice - Santeria)

Question 6

Free exercise - Hybrid

Answer 6

1. Strict scrutiny
2. Free exercise combined with another right
3. Yoder - substantive due process (right to educate children)