First Amendment- Freedom of Religion Flashcards
What is the free exercise clause?
It prohibits the governement from punishing someone on the basis of his or her beliefs.
What specifically does the Free Excercise Clause prohibit?
(i) State governments from requiring office holders or employees to take a religious oath
(ii) State from excluding clerics from holding public office;
(iii) courts from declaring a religious belief to be false
Can the Free Exercise Clause be used to challenge a neutral law of general applicability if is SEVERELY restricts religion?
No, if it were not a neutral law on its face then it would have to meet strict scrutiny.
What is the Establishment Clause?
The Establishment Clause prohibits laws respecting the establishment of religion.
What is the test for finding unconstitutional government action that does not involve sect preference?
(i) There must be a secular purpose for the law
(ii) The primary effect must be neither to advance nor inhibit religion
(iii) There must not be excessive entanglement with religion
If any prong is not met, the law is unconsitutional
What is the test for finding unconstitutional government action that does involve sect preference?
If government action includes a preference for one religious sect over another, it is invalid unless it is narrowly tailored to promote a compelling interest.
Strict Scrutiny.
May the government give assistance to parochial schools?
Yes, so long as the funds are not used for religious instruction.
