Exam 2

Question 1

Reynolds v. United States (1879)

Answer 1

Issue: Criminalizing bigamy (practice of polygamy) among Mormons.
Decision: Prohibition of polygamy upheld.
Reasons: Protecting religious beliefs shouldn’t undermine the law.
First Amendment Analysis: Free Exercise Clause, Rational Basis Test.

Question 2

Everson v. Board of Education (1947)

Answer 2

Issue: Reimbursement of transportation costs for private schools, mostly Catholic.
Decision: Law did not violate the Constitution; no direct support for religion.
Reasons: Aims to assist parents of all religions, not to endorse a specific faith.
First Amendment Analysis: Establishment Clause.

Question 3

West Virginia State Board of Education v. Barnette (1943)

Answer 3

Issue: Compelling students to salute the flag.
Decision: Compelling students to salute the flag is unconstitutional.
Reasons: The First Amendment protects against enforced unanimity of opinion.
First Amendment Analysis: Freedom of Speech.

Question 4

Sherbert v. Verner (1963)

Answer 4

Issue: Firing of an employee for refusing to work on her Sabbath.
Decision: Free Exercise Clause prohibits such employment practices.
Reasons: Significant burden on the individual’s ability to freely exercise faith.
First Amendment Analysis: Free Exercise Clause.

Question 5

Employment Division v. Smith (1990)

Answer 5

Issue: Firing for using peyote in a religious ceremony.
Decision: Firing upheld; religious beliefs don’t excuse compliance with valid laws.
Reasons: Distinguishing between beliefs and practices; general law application.
First Amendment Analysis: Free Exercise Clause.

Question 6

Engel v. Vitale (1962)

Answer 6

Issue: Voluntary prayer at the start of school day.
Decision: Prayer violated the Establishment Clause.
Reasons: Breached the separation between church and state.
First Amendment Analysis: Establishment Clause.

Question 7

Fulton v. Philadelphia (2020)

Answer 7

Issue: Catholic Social Services barred from foster care for not certifying same-sex couples.
Decision: The city’s action violated the Free Exercise Clause.
Reasons: City actions burdened CSS’s religious exercise without justification.
First Amendment Analysis: Free Exercise Clause & Free Speech Clause.

Question 8

Lee v. Weisman (1992)

Answer 8

Issue: Inclusion of clergy offering prayers at public school ceremonies.
Decision: Government may not compose official prayers for school events.
Reasons: Coercion and indirect establishment of religion.
First Amendment Analysis: Establishment Clause.

Question 9

Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018)

Answer 9

Issue: Refusal to bake a cake for a same-sex wedding.
Decision: Baker’s conduct protected by the Free Exercise Clause.
Reasons: Hostility towards the baker’s religious beliefs.
First Amendment Analysis: Free Exercise Clause.

Question 10

Lemon v. Kurtzman (1971)

Answer 10

Issue: State funding for non-secular, non-public education.
Decision: Rhode Island statute unconstitutional due to excessive entanglement.
Reasons: Must pass the Lemon test to avoid violating the Establishment Clause.
First Amendment Analysis: Establishment Clause.

Question 11

Town of Greece v. Galloway (2014)

Answer 11

Issue: Prayer at town hall meetings.
Decision: Legislative prayer does not violate the Establishment Clause.
Reasons: Long tradition of permissible legislative prayer; no coercion.
First Amendment Analysis: Establishment Clause.

Question 12

Trinity Lutheran Church v. Comer (2017)

Answer 12

Issue: Exclusion of church from secular aid program.
Decision: Exclusion violates the Free Exercise Clause.
Reasons: Discrimination based on religious character.
First Amendment Analysis: Free Exercise Clause.

Question 13

Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012)

Answer 13

Issue: Firing a teacher under the ministerial exception.
Decision: Ministerial exception applies; prevents state interference in church governance.
Reasons: Perich’s role as a minister outweighed secular aspects of her job.
First Amendment Analysis: Establishment and Free Exercise Clause.

Question 14

Bremerton School District v. Kennedy (2022)

Answer 14

Issue: Coach praying during school sports activities.
Decision: Coach’s prayer protected by the Free Exercise and Free Speech Clauses.
Reasons: Prohibition based on religious character burdened free exercise.
First Amendment Analysis: Free Exercise and Free Speech Clauses.

Question 15

Church of the Lukumi Babalu Aye v. City of Hialeah (1993)

Answer 15

Issue: City ordinance prohibiting animal sacrifice for religious worship.
Decision: Ordinances were unconstitutional; targeted religious practices.
Reasons: Ordinances not neutral or generally applicable.
First Amendment Analysis: Free Exercise Clause

Question 16

Religious Freedom Restoration Act (RFRA) (1993)

Answer 16

Provision: Protects religious exercise unless a compelling state interest is demonstrated.
Standard: Applies strict scrutiny to laws burdening religious practices.
Scope: Initially applied to federal law and later adopted by some states.

Question 17

American Legion v. American Humanist Association (2019)

Answer 17

Issue: Constitutionality of a 40-foot cross in a memorial park.
Decision: The cross does not violate the Establishment Clause.
Reasons: Historical importance beyond Christian symbolism.
First Amendment Analysis: Establishment Clause; Criticism of Lemon Test.

Question 18

What’s the Lemon test?

Answer 18

(1) the primary purpose of the assistance is secular,
(2) neither promote nor inhibit religion,
(3) there is no excessive entanglement between church and state.