Freedom of Religion

Question 1

Freedom of religion consists of 2 kinds

Answer 1

1) free exercise
2) establishment

Question 2

definition of religion

Answer 2

belief occupies place in the life of possessor parallel to that filled by an orthodox belief in God

Question 3

what are 2 parts of religion?

Answer 3

sincerity and individual definition

Question 4

Free exercise issues that may come up

Answer 4

1) belief vs conduct
2) not free exercise claim
3) infringement

Question 5

standard of free exercise

if neutral rule of general applicability

Answer 5

rational basis

Question 6

standard of free exercise

if NOT neutral rule or
NOT of general applicability or
exceptions

Answer 6

Strict scrutiny

Question 7

non-neutrality is when

Answer 7

gov proceeds in manner intolerant of religious beliefs or restricts practices bc of religious nature

Question 8

not generally appllicable is when

Answer 8

1) gov provides mechanism for individualized exemptions

OR

2) treats religious activities worse than comparable secular conduct

Question 9

establishment clause has 2 kinds of problems

Answer 9

1) not promote or affiliate w/religion
2) not prefer/discriminate against religion

Question 10

1) not promote or affiliate w/religion

Answer 10

Kennedy Standard

1) ceremonial deism

2) monuments/historical markers

3) everything else in promotion/affiliation with religion
—history
—direct coercion

Question 11

coercion

Answer 11

gov cant coerce people to compel to religious observance.

direct coercion only

Question 12

2) not prefer/discriminate against religion

Answer 12

strict scrutiny