Freedom of Religion

Question 1

What is endorsement?

Answer 1

Violation of Establishment Clause for government to endorse one religion over another and to endorse religion over non-religion.

No coercive endorsement.

• School sponsored prayer.
• Display of 10 Commandments ok if for secular purpose.
• Legislative prayer ok if for historical purposes.
• Nativity scenes ok if not alone.

Question 2

What is the Free Exercise of Religion?

Answer 2

Protected absolutely.

Laws regulating religious conduct because of its religious significance not allowed.

If neutral: ok. No right to exemption/accommodation.

Exception: Ministerial. Employment: non-discrimination employment laws inapplicable to ministers.

Question 3

What test is used with Establishment of Religion?

Answer 3

Lemon v. Kurtzman

Does the law have a secular purpose?

Does the law have a primary effect that neither advances nor inhibits religion?

Does the law avoid excessive government entanglement in religion?

Note: neutral aid allowed.