Freedom of Religion

Question 1

What does the Free exercise clause of the 1A prohibit?

Answer 1

Prohibits govt from punishing someone based on their religious belief, status, or conduct.

Question 2

When is a law subject to the Free Exercise Clause?

Answer 2

Laws that discriminate based on religion, i.e. are either (a) not neutral facially or (b) not generally applicable - but instead targets religion generally or a religion in particular.

Question 3

What standard of review applies to laws that fall under the Free Exercise clause?

Answer 3

Strict scrutiny

Note: court has never found an interest so compelling as to allow govt to deny benefit/burden someone due to religion.

Question 4

Are laws that allow govt discretion to grant religious exemptions subject to the free exercise clause?

Answer 4

Yes, so when someone gets denied based on discretion this is subject to strict scrutiny.

Question 5

When a rule is generally applicable and makes it so that people of a certain religion could not comply b/c of their religion, does the free exercise clause require the law allow for religious exemptions?

Answer 5

No, if the law is generally applicable then free exercise clause is not triggered.

BUT religious orgs must be granted exemption from employment discrimination suits re ministers.

Question 6

What does the Establishment Clause do?

Answer 6

In general, says govt must be neutral towards religion (i.e. not adopt one religion).

Lemon test: Govt action must

• have secular purpose
• have primary effect that neither advances nor inhibits religion
• does not produce excessive govt entanglement in religion

i.e., if govt action has religious purpose, effect, or excessive entanglement - then is invalid under the establishment clause

Question 7

What are the 3 alternative factors courts look to (as opposed to the lemon test) to see whether govt action violates the establishment clause?

Answer 7

1. whether govt has remained neutral wrt religion - neither favors, disfavors
2. whether govt has coerced - directly or indirectly - ppl to/not to exercise religion
3. whether govt appears to endorse/disapprove of any religion

Also, if govt display is more of a display of the historical/traditional role of religion court may find it is ok