Freedom of Religion Flashcards
Free Exercise Clause
The free exercise clause prohibits the government from punishing someone on the basis of their religious belief or related religious status of conduct
What Constitutes a Religious Belief
A religious belief includes the tenants 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.
Sincerity v. Truthfulness
When deciding whether a person holds a religious belief, courts can question the sincerity of the person’s belief, but not the truthfulness of the belief
Discriminatory Laws against Exercise
A law or government conduct that discriminates on the basis of religion is subject to strict scrutiny. A law is discriminatory if it is either:
1) not neutral on its face; or
2) facially neutral but not generally applicable (by design it targets religion)
Natural Laws of General Applicability (Exercise)
A law that is facially neutral and generally applicable is not subject to the Free Exercise Clause. The Free Exercise Clause cannot be used to challenge government action unless the action was specifically designed to interfere with religion.
Effect of a system of exemptions
A law that gives government official discretion to grant exemptions from a law is not generally applicable
If someone seeks an exemption on religious grounds and the government refuses, that person can challenge the denial on the Free Exercise Clause grounds. Strict Scrutiny would apply.
No Religious Exemptions Required
The Free Exercise clause does not require religious exemptions from generally applicable governmental regulations that happen to burden conduct.
However, granting an exemption to accommodate religious exercise generally would not violate the Establishment clause (drinking wine at communion)
Exception for Exemptions
Religious organizations must be granted an exemption from suits alleging employment discrimination by ministers against their religious organizations. (imposing unwarranted minister would violate free exercise 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 (teachers at religious schools)
Unemployment Compensation Cases
If a state’s unemployment regulations allow people to refuse work for good cause, then the state can’t refuse to grant unemployment benefits to people who quit their jobs for religious reasons (work conditions conflict with tenants of religion)
Government Benefit Programs
A state may not limit eligibility for a generally available governmental benefit to nonreligious organizations. Even if a state is not required to create a benefit, if it chooses to do so, it may not exclude any otherwise qualified individual or institution from receiving the benefit based solely on the basis of religious status
Establishment Clause
The establishment clause prohibits government sponsorship of religion - cannot aid or formally establish a religion. It compels the government to pursue a course of neutrality toward religion
The lemon test and endorsement test no longer apply
Neutrality Principle (Establishment Clause)
The government generally must remain neutral with respect to religion, neither favoring nor disfavoring it
Coercion Prohibited (Establishment Clause)
The government may not directly or indirectly coerce individuals to exercise or refrain from exercising their religion
History and Tradition (Establishment Clause)
The Court has held that the Establishment Clause must be interpreted in light of historical practices and understandings. Religious practices and displays that have been around for a long time tend to get upheld because the court sees them as tolerable acknowledgment of the role that religion has played in the history and tradition of the nation.
The court will look at the time when the Constitution was first adopted to determine what the founders intended to prevent by adopting the Establishment Clause and what they would have deemed acceptable
Specific Examples of History and Tradition Upheld
1) Prayer opening a legislative session of city counsel meeting
2) a four decade old Ten Commandments displayed on the Texas capital grounds surrounded by other displays of historical or societal significance
3) a large WWI memorial cross that had been on display for many years when challenged
