Freedom of Religion

Question 1

Free Exercise CLause

Answer 1

Laws that discriminate on basis of religious belief, status, conduct -> SS

Question 2

What are “religious beleifs”

Answer 2

Doesn’t need to be traditional.

IF belief plays a role in the life of the believer similiar to the role played to traditional adherents.

Courts cannot question the TRUTH of beliefs, just the sincerity

Question 3

Cateogies of laws that are discriminatory

Answer 3

Facially discriminatory OR

Facially neutral but narrowly tailored to target religion (by design)

Question 4

Neutral laws of general applicability

Answer 4

Not subject to FE clause

Facially neutral and generally applicable

Laws that gives officials discretion to grant exepmtions are NOT generally applicable
—-refusing religious exemption request may trigger SS

Question 5

Netural laws of general applicability: religious exemptions

Answer 5

Religious exemptions generally not required, but they are allowed (without violating establishment clause).

Exceptions where exemptions MUST be granted:
1) religious orgs must be allowed to select their ministers based on the tenants of their faith, even if it violates employment discrimination laws (hiring just men; etc)

Question 6

Free Exercise CLause and Public Benefits

Answer 6

Can’t exclude otherwise qualified entity from public benefit b/c of religious status

ex. public funding of private schools

Question 7

Establishment CLause components

Answer 7

1) Neutrality principle
–gov must remain neutral (neither favor nor disfavor)

2) Coercion prohibited
–can’t directly/indirectly coerce people to exercise/not exercise religion

3) History and tradition
–must be interpreted by reference to historical practices and understandings
–can neutralize religious message, making non-neutral practice acceptable