First Amendment Freedom of Religion Flashcards
what does the free exercise clause do
The Free Exercise Clause prohibits government from punishing someone on the basis of their religious belief or related religious status or conduct.
what constitutes religious belief?
traditional religions
other beliefs if they play a role in the life of believer similar to that of believers of traditional religions
court has never held a belief was not religions for 1st Am purposes
what aspect of belief can court question in determine if it is a religious belief?
the sincerity
NOT truthfulness of belief
A law or other government conduct that discriminates on the basis of religion is subject to
strict scrutiny
it will be deemed invalid unless it is necessary to achieve a compelling governmental interest
when does a law discriminate against religion
Not neutral on its face (that is, the law expressly provides favored or disfavored treatment based on religious belief, conduct, or status)
OR
Facially neutral but not generally applicable (that is, the law is silent with regard to religion but, by design, it targets religion generally or a religion in particular)
what interests are compelling enough to justify religious discrimination
none so far
what are neutral laws of general applicability subject to
not subject to free exercise clause
what kinds of laws are not generally applicable
laws that give officials discretion to grant exemptions
refusing religious exemptions request may trigger strict scrutiny
when are exemptions allowed but not required?
religious exemptions from generally applicable and facially neutral laws are ok to accommodate religious practices but not typically required
granting exemptions does not violate establishment clause
narrow areas where exemptions MUST be granted for neutral laws of general applicability
Religious organizations must be granted an exemption from suits alleging employment discrimination by ministers and religious school teachers against their religious organizations.
other exceptions
– unemployment compensation, amish right not to educate children,
what is the gov’t benefits rule
A state may not limit eligibility for a generally available governmental benefit to nonreligious organizations. Even if a state is not required to create a benefit, if it chooses to do so, it may NOT exclude an otherwise qualified individual or institution from receiving the benefit based solely on the basis of their religious status—there is no compelling interest that would justify the exclusion.
Ex: if a state provides textbooks to secular private schools, it must provide the same benefit to otherwise-eligible religious private schools.
establishment clause does what
The Establishment Clause prohibits government sponsorship of religion, meaning the government cannot aid or formally establish a religion.
Neutrality Principle of establishment clause
The government generally must remain neutral with respect to religion, neither favoring nor disfavoring it.
no coercion principle
The government may not directly or indirectly coerce individuals to exercise (or refrain from exercising) their religion.
peer pressure, especially by authority figure is indirectly coercive
fining someone for not attending church is direct coercion
what concepts govern establishment clause
1 - neutrality principle
2 - no coercion
3 - history and tradition approach
