Free Exercise of Religion Flashcards
Under the free exercise clause, may the government determine the truth of a person’s religious beliefs?
No, the government may not determine the truth or falsity of a person’s religious beliefs; however, the government can try to determine a person’s sincerity in his claim of religious belief
When may the state regulate conduct motivated by religious beliefs?
Where an individual’s conduct is motivated by his religious beliefs, the state may regulate or prohibit the activity if the regulation is “neutral in respect to religion and is of general applicability”
Under what circumstances was it valid for the state to regulate conduct motivated by religious belief?
(1) Criminalizing possession of peyote with no exception for American Indians who use peyote for religious rituals
(2) Outlawing polygamy
(3) Jewish Air Force doctor violating uniform dress requirements by wearing a yarmulke while on duty
(4) Applying Social Security tax to an Amish employer whose religious beliefs prohibited him from making payments and receiving benefits
Under what special cases was the state not allowed to regulate conduct motivated by religious belief?
(1) States can’t deny unemployment benefits to a person whose religious faith observes
Saturday as the Sabbath
(2) States can’t require Amish children to attend high school
