Freedom of Religion

Question 1

Question 2

Question 3

FEC prevents govt from directly discriminating against

Answer 3

religious belief, religious status, religious conduct

Question 4

When deciding if a person holds a religious belief, court can question __________ but not ___________

Answer 4

sincerity; veracity/truthfulness

Question 5

list (2)

Law/govt conduct on religion is discriminatory if:

Answer 5

1. NOT facially neutral OR
2. Targets religion generally** or religion **in** **particular instead of being generally applicable

Question 6

If the law/govt regulation is facially neutral then,

Answer 6

FEC cannot be used to challenge the law/govt regulation UNLESS regulation specifically designed to interfere with religion

Question 7

FEC and EC compel govt to

Answer 7

pursue a course of neutrality towards religion

Question 8

New test

Answer 8

1. Is the government action neutral toward religion,
2. and if not, is there a long history of the action being accepted or would the Founding Fathers have found the government action to be acceptable?

Question 9

Lemon test:

Answer 9

Gov’t violates EC if unless:

1. primary purpose of law is secular,
2. primary effect neither advances nor prohibits religion AND
3. does not create excessive gov’t entanglement with religion

Question 10

Alternate approaches to Lemon test

Answer 10

1. Neutrality
2. Coercion
3. Endorsement of religion
4. History/Tradition approach

Question 11

Alternate tests

Neutrality approach

Answer 11

Gov’t must remain neutral to religion - can’t favor or disfavor

Question 12

Alternate tests

Coercion approach

Answer 12

Govt cannot directly or indirectly coerce individuals to exercise their religion

Question 13

Alternate tests

Endorsement of religion approach

Answer 13

Govt cannot appear to endorse or disprove of religion from the standpoint of a reasonable and informed observer and make religion seem relevant to a person’s standing in political community

• ex: only having baby jesus decorations at steps of cthouse invalid*
• having baby jesus + santa + candy + non-religious display valid*

Question 14

EC cases focus are grouped into these 4 categories

Answer 14

1. cases preferring one religious sect over others
2. limited group of cases unconnected to finaid or edu
3. cases involving finaid to religious affiliated institutions
4. cases concerning religious activity in public schools

Question 15

Under current Supreme Court precedent, the First Amendment Free Exercise Clause __________.

Answer 15

prohibits government from punishing conduct just because it is religious

Question 16

In determining whether government action is valid under the Establishment Clause, courts will consider whether

Answer 16

1. action is neutral with regard to religion
2. If not,
   
   1. is there a long history of the action being accepted -or-
   2. would the Founding Fathers have found the government action to be acceptable?

Question 17

New test

Answer 17

Is the government action neutral toward religion, and if not, is there a long history of the action being accepted or would the Founding Fathers have found the government action to be acceptable?