Freedom of Religion

Question 1

Free Exercise Clause

Answer 1

The Free Exercise Clause prohibits the government from punishing someone on the basis of their religious beliefs or related religious conduct.

Question 2

Discriminatory to Religion

Answer 2

A law is discriminatory towards religion if on its face it provides favored/disfavored treatment based on religious belief/conduct OR if it is silent toward religion but by design targets religion generally or a particular religion.

These laws are subject to strict scrutiny. SCOTUS has never found an interest so compelling as to pass strict scrutiny in this context.

Question 3

Generally Applicable

Answer 3

A law that is generally applicable (regulates the conduct of all people) is not subject to the first amendment at all, even if it happens to burden religious conduct.

Exceptions to accommodate religious exercise ok, but not required.

Required exceptions:
-ministers
-Amish in high school
-“good cause” unemployment compensation

Question 4

Establishment Clause

Answer 4

The Establishment Clause prohibits the government sponsorship of religion: gov cannot aid or formally establish a religion.

Question 5

Sect Preferences

Answer 5

If government action prefers one religious sect over another, it is invalid unless necessary to achieve a compelling interest.

Question 6

EC Standards

Answer 6

Neutrality: the gov must remain neutral regarding religion, neither favoring nor disfavoring

Coercion: gov may not directly or indirectly coerce individuals to exercise religion or refrain from exercising

History/Tradition: gov action limited by historical practice and whether the founders would have considered it acceptable