Free Exercise Clause Flashcards
Welsh v. United States (1970)
Conscious objector can claim religious exemption for non-religious belief.
Gillette v. United States (1971)
Government can give conscious objector exemption only to those who fundamentally oppose all war and not to those who object to a particular war.
United States v. Ballard (1944)
Fact finder cannot decide the truth of religious belief, only the sincerity of the belief. Ballard prosecuted for mail fraud claiming he was chosen as a divine messanger.
Torcaso v. Watkins (1961)
Free Exercise, Discriminating Against Religion, Cannot compel or prohibit religious belief as such. Struck down law using religious test as qualification for public office.
McDaniel v. Paty (1978)
Free Exercise, Discriminating Against Religion, Struck down state law prohibiting clergy from being legislators. Interest in preventing establishment failed strict scrutiny.
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah (1993)
Free Exercise, Discriminating Against Religion, Ordinance banning religious animal sacrifice was not content-neutral (specific to religious motivation) and failed strict scrutiny.
Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (2018)
Free Exercise, Discriminating Against Religion, Lukumi Violation, Commission’s proceedings had elements of hostility and did not give neutral and respectful consideration to baker’s defense of sincere religious motivation. Commission had no right to make value judgements.
Reynolds v. United States (1878)
Free Exercise, Burdening Religion, Bigamy, Congress cannot control religious belief, but it can regulate actions that violate social duties or subvert good order.
Braunfeld v. Brown (1961)
Free Exercise, Burdening Religion, Sunday closing law punished orthodox Jews. Generally applicable laws that advance a secular goal and only indirectly burden religion are constitutional.
Sherbert v. Verner (1963)
Free Exercise, Burdening Religion, Cannot deny unemployment to applicant who turned down job offers that require violation of his beliefs. Failed strict scrutiny because no compelling interest.
Wisconsin v. Yoder (1972)
Free Exercise, Burdening Religion, Mandated school unconstitutional as applied to Amish. Certain instances require an exemption.
United States v. Lee (1982)
Free Exercise, Burdening Religion, No social security tax exemption for religious belief when overriding government interest in fiscal vitality.
Lyng v. Northwest Indian Cemetary Protective Association (1988)
Free Exercise, Burdening Religion, Government built a road through a forest used for Indian rituals. Incidental effects of government’s internal affairs does not violate free exercise. Government does not have to provide compelling interest.
Employment Division v. Smith (1990)
Free Exercise, Burdening Religion, State does not have to provide a carve-out to a generally applicable law for religious practices. State can provide carve-out to general prohibition of drug use, but is not mandated to.
Burwell v. Hobby Lobby Stores, Inc. (2014)
Free Exercise, RFRA, Burdening Religion, ACA exempts non-profits from contraceptive mandate, but not for-profits. As applied challenge found substantial burden and government did not use least restrictive means. Held that exemption was required.
