First Amendment - Religion

Question 1

What are the religion clauses in the First Amendment?

Answer 1

1) Establishment Clause

2) Free Exercise Clause

Question 2

What is the Establishment Clause?

Answer 2

Cannot make a law that furthers or establishes a religion.

Question 3

What is the Free Exercise clause?

Answer 3

Government cannot prevent or interfere with the exercise of person’s religion

Question 4

What is the Lemon Test for the Establishment Clause?

Answer 4

A law must have these to fulfill the Establishment Clause:

1) A secular Purpose;
2) A Secular Effect;
3) Excessive Entanglement

Question 5

Welsh v. US

Will the Court determine whether a belief is true or false when deciding their claim?

Answer 5

No. The court will not determine the truth of the religion. They will only examine whether the individual believes their beliefs. The court will examine their sincerity and the role the belief plays in their life.

Question 6

US v. Ballard

What are the two freedoms included in the freedom of religion?

Answer 6

1) The freedom to believe whatever they want.
2) The freedom to act in accordance with that belief.
The freedom to believe is absolute, however, the freedom to act is not.

Question 7

Does an individual have to believe their religion the same way as the majority of the religion, or can they follow the beliefs in their own way to get the First Amendments protection?

Answer 7

The Court has stated that the dominant views in a faith are not determinative in assessing whether a particular belief is religious in nature.
An individuals belief may differ from the mainstream religion, but those beliefs are still protected if they are sincere.

Question 8

What is the overarching rule of the Free Exercise Clause?

Answer 8

Government cannot compel or punish religious beliefs; people may think and believe anything they want. However, the government may regulate the conduct of beliefs.

Question 9

Employment Division v. Smith

What is the current scrutiny for the Free Exercise Clause?

Answer 9

Rational Basis Review

Religion cannot set the laws, the government cannot examine religion when making laws.

Question 10

Employment Division v. Smith

What is the only time freedom of religion will bar application of a generally applicable law?

Answer 10

When the freedom of religion is combined with another Constitutional law.

Question 11

Wisconsin v. Yoder

Can the Government require compulsory schooling, even if it violates a person’s religion?

Answer 11

No. The court will not require compulsory schooling if it will violate a person’s religious beliefs.

Question 12

US v. Lee

Can individuals claim their religion does not allow them to pay social security taxes?

Answer 12

No. The Court stated that the free exercise clause should not interfere with the governments ability to run their procedures.

Question 13

Bowen v. Roy

Can the Free Exercise Clause dictate government procedures?

Answer 13

No. The Free Exercise clause affords an individual protection from certain forms of government compulsion, however, it does not afford the individual a right to dictate government’s procedures.

Question 14

Hosanna Church v. EEDC

Can the government regulate whom a church makes their ministers?

Answer 14

No. The religions have the final say as to whom their ministers will be, even if their decision is discriminatory.

Question 15

Cutter v. Wilkinson

Can the government accommodate religions?

Answer 15

Yes. The Government can accommodate religious practices without violating the establishment clause.

Question 16

Cutter v. Wilkinson

What is the test for how much government accommodation is allowed?

Answer 16

Elevating the accommodation of religious observances over an institutions need to maintain order and safety.
The accommodation must be measured so that it does not override other significant interests.
Must also fulfill a compelling government interest, the context of the statute also matters.

Question 17

Locke v. Davey

Can a state limit the application of a scholarship to a field that is non-religious in nature?

Answer 17

Yes. The state can deny funding for religious beliefs and not violate the free exercise clause.

Question 18

What are the three theories of the establishment clause?

Answer 18

1) Strict Separation
2) Neutrality Theory
3) Accommodation

Question 19

What is the theory of strict separation for the establishment clause?

Answer 19

To the greatest extent possible, government and religion should be separated. The government should be, for the most part, secular; religion should be entirely in the private realm of society.

Question 20

What is the theory of Neutrality in the establishment clause?

Answer 20

The government should be neutral toward religion; that is, the government cannot favor religion over secularism or one religion over others.

Question 21

What is the Accommodation Theory for the Establishment Clause?

Answer 21

The Court should interpret the Establishment Clause to recognize the importance of religion in society and accommodate its presence in government. Under this approach, the government violates the establishment clause only if it establishes a church or coerces religious participation.

Question 22

Allegheny v. ACLU

What is the overarching purpose of the Establishment Clause?

Answer 22

The Establishment Clause means the government may not promote or affiliate itself with any religious doctrine or organization, may not discriminate among persons on the basis of their religious beliefs and practices, may not delegate a governmental power to a religious institution, and may not involve itself too deeply in such an institution’s affairs.

Question 23

Allegheny v. ACLU

Can the Government put up religious symbols on government property?

Answer 23

Yes, but it depends on the context of the symbol. The government’s use of symbols will be unconstitutional if it have the effect of endorsing a religious belief. Must examine the context of the symbol, its location, and what is around it.

Question 24

Lemon v. Kurtzman

What is the Lemon Test to determine if there is a violation of the Establishment Clause

Answer 24

1) Statute must have a secular legislative purpose;
2) Primary Effect must be one that neither enhances nor inhibits religion;
3) Must not foster an excessive government entanglement.

Question 25

Hernandez v. Commissioner

Can the Government favor one religion over another?

Answer 25

No. the government violates the establishment clause if they favor one religion over the rest. Can only do so if strict scrutiny is met.

Question 26

Hernandez v. Commissioner

What is the test to determine if the government is favoring one religion over the others?

Answer 26

1) Is the action/ statute facially discriminatory

2) If it is not facially discriminatory, then apply the Lemon Test.

Question 27

Do the following situations fulfill the first requirement of the Lemon Test (Secular Purpose)?

1) The 10 commandments posted in every classroom?
2) 1 Minute mandatory prayer/ moment of silence;
3) Schools that teach evolution must teach creationism too;
4) Businesses must be closed on Sunday.

Answer 27

1) Violates the First Amendment because no secular purpose.
2) Law clearly intended to bring prayer back into schools. So no secular purpose;
3) The court held that there was no secular purpose to creationism. So no secular purpose.
4) Upheld this law because having a day of rest could have a secular purpose.

Question 28

What has the court stated in regards to when a law is acceptable under the second requirement of the Lemon Test (neither advances nor inhibits religion)?

Answer 28

The Court has stated that a law can create an exception within a statute for a religion but they cannot create a law that only benefits religion.

Question 29

Do the following situations fulfill the requirement of the second Lemon Test Prong (neither advances nor inhibits religion)?

1) Excluding religions from the law that does not allow discrimination in hiring based on religion?
2) Employees must be allowed to take their Sabbath day off?

Answer 29

1) Upheld because it allows religions to advance their own religion.
2) Invalidated because the statute goes beyond having an incidental or remote effect. It advances a religious purpose.

Question 30

Under the third prong of the Lemon Test (Prohibition of Excessive Entanglement), what will be considered a violation?

Answer 30

A law violates the third prong when it reburies a comprehensive, discriminating, and continuing state surveillance. So, basically, some entanglement is alright. But the entanglement cannot be excessive.

Question 31

Windmar v. Vincent
An University allowed most organizations to use their facilities, however, religious organizations were not allowed to. Did the Court allow this?

Answer 31

No. If the state wanted to limit the use of the facilities in this way, it must fulfill strict scrutiny. The university is discriminating against student groups and speakers based on their religion. This is protected by religion and speech.

Question 32

Westside v. Mergens

Can the government pick and choose organizations that are allowed to use their facilities?

Answer 32

No. Once the government has made a location publicly available, it must be available to everyone. No matter their political basis, religion, etc.

Question 33

Rosenberger v. University of Virginia

Can the government provide funding to religious organizations without violating the First amendment?

Answer 33

Yes. Providing funds for a religious organization is alright and would not violate the First Amendment as long as it is neutral towards religion.

Question 34

Santa Fe School District v. Doe

Do student lead prayers violate the First Amendment?

Answer 34

Yes. The Court has consistently stated that student lead prayers violate the Establishment Clause.

Question 35

Santa Fe School District v. Doe

Why do student lead prayers violate the First Amendment

Answer 35

Student prayer at school traditionally subjects students to it who do not wish to participate.
When these prayers are given, the listening audience may feel as though it is a public expression of the views of the majority and would make them feel left out.

Question 36

McCreary County v. ACLU of Kentucky

The 10 Commandments were placed within the Courthouse. Was this allowed?

Answer 36

No. The principle of the First Amendment mandates government neutrality. When the government acts with ostensible and predominate purpose of advancing religion, it violates the neutrality and shows it favors a certain religion over others.

Question 37

Van Orden v. Perry
Moses was holding the 10 Commandments on Courthouse Grounds.
Was this allowed?

Answer 37

yes. The court focused on the context of the symbol. Simply having religious content does not run afoul of the First Amendment.

Question 38

What is the overarching rule of the Establishment Clause?

Answer 38

it is designed to avoid the coercion of others to be forced to do/think/believe something religious by the government.

Question 39

Can students in school be allowed to have released time to study religion while at school? What is the determining factor?

Answer 39

The court held that allowing students to be released from normal classes is unconstitutional if it occurred on school grounds. However, it is allowed if it occurred off school grounds.

Question 40

Is prayer in public schools allowed when done by:

1) a student;
2) teacher;
3) Outside clergy

Answer 40

1) unconstitutional;
2) unconstitutional;
3) Unconstitutional.
Prayer in schools is always unconstitutional.

Question 41

Engel v. Vital

Is prayer before a graduation ceremony constitutional?

Answer 41

No. Prayer before a graduation ceremony is unconstitutional even if it is a non-denominational prayer because it is still government supporting that religion.

Question 42

Abington School District v. Schempp

Is bible reading at the beginning of the school day constitutional?

Answer 42

No. The court invalidated this law because they were mandatory parts of the curriculum.

Question 43

Epperson v. Arkansas

Is a law that required the teaching of Creationism constitutional?

Answer 43

No. because this was motivated for religious purposes and is unconstitutional. This violates the primary purpose part of the Lemon Test

Question 44

Marsh v. Chambers

Is the state’s employment of a minister to begin the legislative session with a prayer constitutional?

Answer 44

Yes. this practice was upheld because of a long standing tradition.