Freedom of Religion Flashcards
What constitutes religious belief for the purposes of the First Amendment?
A religious belief for First Amendment purposes includes those of traditional religions, as well as beliefs that play a role in the lives of believers similar to the role that religion plays in the lives of traditional adherents.
True or false: When deciding whether a person holds a religious belief, the courts can question the sincerity of that person’s belief, but not the truthfulness of the belief.
True
What is the appropriate standard of review for a law or other government conduct that discriminates on the basis of religion?
Strict scrutiny
A law is discriminatory on the basis of religion if it is either: (2 things)
(1) Not neutral facially with respect to religious belief, conduct, or status, OR
(2) Not generally applicable but instead targets religion generally or a religion in particular
True or false: If a law is a neutral law of general applicability, it is not subject to the Free Exercise Clause.
True. In other words, the Free Exercise Clause cannot be used to challenge government regulation unless the regulation was specifically designed to interfere with religion.
Laws that give government officials discretion to grant exceptions from the law: generally applicable? What is the consequence of this?
No. If someone seeks an exception from such a law on religious grounds, and the government refuses to grant the exception, that person can challenge the denial on Free Exercise Clause grounds. (Strict scrutiny will apply.)
HYPO: Ban on clergy from holding public office. Is this valid?
No. This is facially discriminatory, so strict scrutiny applies. There is no legitimate basis for the state to disqualify clergy.
HYPO: Ban on animal sacrifice or slaughter except for hunting or in kosher facilities. Is this valid?
No. The law is not generally applicable because of the exceptions, so strict scrutiny applies.
HYPO: Ban on underage drinking. Is this valid?
Yes. This is a true neutral law of general applicability. It bans all underage drinking, not just underage drinking in religious ceremonies.
Does the Free Exercise Clause require religious exemptions from generally applicable governmental regulations that happen to burden religious conduct? Explain.
No. A law that regulates the conduct of all people can be applied to prohibit the conduct of a specific person despite the fact that their religious beliefs prevent them from complying with the law.
What are the exceptions to the general rule not requiring religious exemptions from generally applicable governmental regulations? (3 things)
(1) Ministers - religious organizations must be granted an exemption from suits alleging employment discrimination by ministers against their religious organizations
(2) Unemployment compensation cases - if a state’s unemployment regulations allow persons to refuse work for “good cause,” then the state cannot refuse to grant unemployment benefits to persons who quit their jobs for religious reasons as long as the belief is sincere (even if they do not belong to a formal religious organization)
(3) Right of Amish not to educate children - the Amish are exempted from any law requiring compulsory school attendance until age 16
Under the Lemon test, government action will violate the Establishment Clause unless the action:
(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
Rather than the Lemon test, other Establishment Clause cases have focused on whether the government action:
(1) Is neutral or coercive with respect to religion,
(2) Endorses religion, OR
(3) Is justified by history and tradition
