First Amendment: Religion

Question 1

Law of General Applicability: Free Exercise

Answer 1

Free exercise clause cannot be used to challenge a law of general applicability.

EXCEPTIONS:

• Unemployment: gov may not deny benefits to employees who quit for religious reasons, so long as belief is sincere
• Amish Education: Amish are exempt from children in public school until age 16 (based on free exercise AND right to educate children)

Question 2

Free Exercise Clause

Answer 2

Govt cannot punish someone on basis of religious beliefs.

Clause protects BELIEFS, not CONDUCT.

Question 3

Establishment Clause/Lemon Test

Answer 3

Govt cannot create laws respecting the establishment of religion.

To be valid, with no sect preference:

i. There must be a SECULAR PURPOSE to the law
ii. The EFFECT must neither be to advance nor inhibit religion
iii. There must not be EXCESSIVE ENTANGLEMENT with religion

Question 4

Religion in Schools

Answer 4

Rule: School SPONSORED religious activity is INVALID, but ACCOMMODATION is VALID.

No gov sponsored religious activity in school (e.g., no prayer), BUT religious school groups must have same access as other groups

Assistance to parochial schools: Gov may provide so long as NOT USED FOR RELIGIOUS INSTRUCTION
- Vouchers for parochial schools = ok

Question 5

Sect Preference

Answer 5

If govt action includes a preference for one sect over another, it must be narrowly tailored to promote a compelling interest. (never going to happen)