Freedom of Religion Flashcards
The free exercise clause of the First Amendment
The free exercise clause of the First Amendment, applicable to the states through the Fourteenth Amendment, guarantees the freedom to believe in any religion or no religion at all.
This clause prohibits government interference with or discrimination against sincere religious beliefs or conduct.
As a result, the government may determine whether a professed religious belief is sincere—but not whether that belief is reasonable or true.
The Establishment Clause and
The Lemon Test
The establishment clause of the First Amendment, as applied to the states through the Fourteenth Amendment, prohibits the government from expressing a preference for a particular religion (or religion in general) by participating in or aiding religious affairs.
As a result, states can provide aid—directly or indirectly—to religious institutions only if it passes the Lemon test.
This test requires proof that the state-provided aid:
1) has a secular purpose
2) has a primary effect that neither advances nor inhibits religion (i.e., secular effect) AND
3) does not foster excessive state entanglement with religion.*
First Amendment religious freedoms
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Free exercise
* Prohibits government interference with (or discrimination against) religious beliefs or conduct -
Establishment
* Prohibits government from favoring (or disfavoring) a particular religion or religion generally
First Amendment free exercise clause exception
ministerial exception
The First Amendment free exercise clause prohibits government interference with a religious organization’s right to shape its faith and mission.
As a result, the Supreme Court has recognized the ministerial exception, which protects religious organizations from civil liability for employment discrimination when they hire or fire employees who serve in ministerial roles.
- This exception applies to any employee whose primary function is to advance the organization’s religious mission (e.g., pastor, parochial school teacher).
