Freedom of Religion Flashcards
What is the free exercise clause?
The Free Exercise Clause prohibits the government from punishing someone on the basis of their religious belief or related religious status or conduct.
What constitutes religious belief?
A religious belief for First Amendment purposes includes those of traditional religions, as well as beliefs that play a role in the life of believers similar to the role that religion plays in the life of traditional adherents.
Note: The Supreme Court has never held an asserted religious belief to be not religious for First Amendment purposes.
a. Courts Can Question Sincerity of Belief
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.
What are discriminatory laws subject to strict scrutiny?
A law or other government conduct that discriminates on the basis of religion is subject to strict scrutiny. A law is discriminatory if it is either:
• Not neutral facially with respect to religious belief, conduct, or status or
• Not generally applicable but instead targets religion generally or a religion in particular If the law is a neutral law of general applicability, it is not subject to the Free Exercise Clause. In other words, the Free Exercise Clause cannot be used to challenge government regulation unless the regulation was specifically designed to interfere with religion.
What are the laws with systems for exemptions not generally applicable?
Laws that give government officials discretion to grant exceptions from the law are not generally applicable. So, if someone seeks an exception from the 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 would apply.
Does the free exercise clause require religious exemptions?
The Free Exercise Clause does not require religious exemptions from generally applicable governmental regulations that happen to burden religious conduct; that is, 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. But granting an exemption to accommodate religious exercise (such as for underage drinking of sacramental wine) generally would not violate the Establishment Clause.
What are the exceptions to no religious exemptions required?
a. Exception—Ministers
Religious organizations must be granted an exemption from suits alleging employment discrimination by ministers against their religious organizations. Imposing an unwanted minister would violate the Free Exercise Clause, and allowing the government to determine who will minister within a faith also would violate the Establishment Clause. This exception extends not only to the head of a congregation but also to others who are in any position considered by the congregation to be ministerial (for example, teachers at religious schools).
b. Exception—Unemployment Compensation Cases
If a state’s unemployment regulations allow persons to refuse work for “good cause,” then the state can’t refuse to grant unemployment benefits to persons who quit their jobs for
religious reasons (that is, the work or conditions of work conflict with tenets of the worker’s religion). The worker doesn’t need to belong to a formal religious organization in such a situation, as long as the belief is sincere.
c. Exception—Right of Amish Not to Educate Children
The Supreme Court has granted the Amish an exemption from a law requiring compulsory school attendance until age 16, based on the Free Exercise Clause and the fundamental right to educate one’s children.
d. Federal Statutory Exemption—Outside the Scope of Exam
The federal Religious Freedom Restoration Act (“RFRA”) allows a person to challenge federal laws of general applicability as burdening their religious beliefs and practices, and strict scrutiny is applied in actions brought under the act. However, the RFRA is statutory in nature and is outside the scope of a constitutional law question.
what is the establishment clause?
The Establishment Clause, along with the Free Exercise Clause, compels the government to pursue a course of neutrality toward religion. Under the Lemon test, government action will violate the Establishment Clause unless the action:
• Has a secular purpose,
• Has a primary effect that neither advances nor inhibits religion, and
Does not produce excessive government entanglement with religion.
What are alternative approaches?
Rather than relying on the Lemon test, other cases have focused on whether the government action is neutral or coercive with respect to religion, whether it endorses religion, or whether the action is justified by history and tradition.
What is neutrality?
The government must remain neutral with respect to religion neither favoring nor disfavoring it.
What is coercion?
The government may not directly or indirectly coerce individuals to exercise (or refrain from exercising) their religion.
What is the endorsement of religion?
The government must not appear to endorse or disapprove of religion from the standpoint of a reasonable and informed observer and, therefore, make religion seem relevant to a person’s standing in the political community
What is the history and traditional approach?
In some cases, the Court will find that a government religious display or practice is a tolerable acknowledgment of the role religion has played in the history and tradition of the nation.
Note: It helps if the display or practice has been around for a while or is in a historical setting.
What are the different types establishment clause case?
The Establishment Clause cases can be grouped into four categories: (1) cases preferring one religious sect over others; (2) a limited group of cases unconnected to financial aid or education; (3) cases involving financial aid to religiously affiliated institutions; and (4) cases concerning religious activities in public schools.
What is sect preference?
Government action that prefers one religious sect over another violates the Establishment Clause, at least if such favoritism is not necessary to achieve a compelling interest. The Court won’t even resort to the Lemon test in such cases (although such favoritism would fail the first two prongs of the Lemon test)
What are the cases unconnected to financial aid or education?
A good rule of thumb here is that a law favoring or burdening religion or a specific religious group will be invalid (for example, exempting certain religious groups—traditional religions—from state registration requirements), but a law favoring or burdening a large segment of society that happens to include religious groups will be upheld (for example, a Sunday closing law).
