First Amendment - Religion

Question 1

Free Exercise Clause

Answer 1

Prohibits the government from punishing someone, either by imposing burdens or denying benefits, because of their religious beliefs, absent it being necessary to achieve a compelling interest.

If the government is punishing someone as a result of their religious belief, determine whether there is a compelling interest and whether the regulation is necessary to achieve that interest.

If there is an absence of direct punishment for religious belief, the state may prohibit and regulate general conduct that relates to the conduct of all persons, under laws of general application, even if that conduct is in conformity with a person’s religious beliefs, so long as the purpose of the law is not to punish religion, and so long as the means are reasonably related to achieving the secular purpose.

Question 2

Establishment Clause

Answer 2

If a law or ordinance establishes a preference for one sect or denomination over others, the law or ordinance will be examined using strict scrutiny.

First ask if the law or ordinance establishes a preference for one sect or denomination over others. If it does, use a strict scrutiny analysis.

If there is no sect preference, use the Lemon test (and under sect preference, if plausible). The law or program will be valid under the establishment clause if it:

(1) has a secular purpose;
(2) has a primary effect that neither advances nor inhibits religion; and
(3) does not produce excessive government entanglement with religion.