Freedom of Religion

Question 1

Free Exercise Clause

Answer 1

The government cannot punish someone for their religious beliefs. Examples:
- Gov may not deny benefits to individuals who quit their jobs for religious reasons.
- Gov may not hold a religious institution liable for the choices it makes as to who will be its ministers or its teachers

Neutral laws are allowed, as long as they are not specifically designed to interfere with religion

HOWEVER, the denial of benefits to a religious school that are provided to a secular private school must meet strict scrutiny.

Question 2

When is a law against religion discriminatory?

Answer 2

A law against religion is discriminatory if it is:
 Not neutral on its face, OR
 Facially neutral but targets religion by design

Question 3

Establishment Clause

Answer 3

Gov may not directly or indirectly coerce individuals to exercise or refrain from exercising their religion.
 Based on the framers intent

Gov cannot discriminate against religious speech or among religions unless strict scrutiny is met.