Freedom of Religion

Question 1

Freedom of Religion

Freedom of Religion: Free Exercise Clause

Answer 1

Prohibits government from punishing someone solely on the basis of that person’s religious beliefs or conduct

Question 2

Freedom of Religion

Freedom of Religion: Government Action Under Free Exercise Clause

Answer 2

Must be necessary to achive a compelling interest, but Supreme Court has never upheld religious punishment under this standard

Question 3

Freedom of Religion

Freedom of Religion: Limitation of Free Exercise Clause

Answer 3

Only applies if the purpose of a government act is to limit or interfere with religious practice or beliefs

Acts of general applicability (not designed to regulate or interfere with religion) are valid

Question 4

Freedom of Religion

Freedom of Religion: Establishment Clause

Answer 4

Prohibits government acts that establish/sponsor religion or give preference to one religion over another

Question 5

Freedom of Religion

Freedom of Religion: Establishment Clause Lemon Test

Answer 5

Government act concerning religion only valid if:

1) There is a secular purpose behind the act;
2) Act’s primary effect neither advances nor inhibits religion; and
3) Act does not create excessive govt entanglement with religion

Question 6

Freedom of Religion

Freedom of Religion: 2 Points on Establishment Clause

Answer 6

1) Govt aid to religious institutions generally OK if used for secular purpose without primary effect of advancing religion
2) Sponsored prayer (mandatory or voluntary) in public schools is generally invalid