First Amendment - Freedom of Religion

Question 1

What is the Lemon test?

Answer 1

1. secular purpose
2. primary purpose that neither advances nor inhibits religion
3. no excessive entanglement

Question 2

what is the EC?

Answer 2

Prohibits gov’t from preferring one religion over another or establishing a religion

Question 3

what are the tests for EC?

Answer 3

1. If regulation on its face prefers a religion over others or religion generally over non-religion
   - -> SS
2. If law or program is facially neutral, valid under Lemon test if it
   a. 1) has a secular (nonreligious) purpose,
   b. 2) has a primary effect that does not advance or inhibit religion,
   3) does not foster excessive gov’t entanglement with religion

Question 4

what is free exercise? what is thrshold req?

Answer 4

Genuine belief (threshold issue)? Sincere religious beliefs are absolutely protected. The belief must parallel orthodox religious beliefs; it cannot be a purely political or philosophical view

Question 5

what is test for generally applicable law wrt free exercise? exception?

Answer 5

Gov’t may regulate (under RB) an activity if the regulation is

				a) neutral w/r/t religion and is 2) 
				b) of general applicability, even if it incidentally burdens religious conduct

EXCEPTION: If person quits job for sincere religious reason, gov’t cannot refuse unemployment benefits

Question 6

what is the test for laws that taret religious conduct? exception?

Answer 6

SS

EXCEPTIONS: Sabbath observance unemployment benefits, start Amish schooling at 16

Question 7

what is rfra?

Answer 7

neutral laws of general applicability are subject to strict scrutiny if they substantially burden free exercise of religion