Freedom of Religion

Question 1

Free Exercise Clause

Answer 1

• prohibits gov from punishing someone on the basis of their religious belief or related religious status or conduct

Question 2

Religious Belief as Defined for 1st Am Purposes

Answer 2

• includes the tenets of traditional religions
• also includes beliefs that play a role in the life of believers similar to the role religion plays in life of traditional adherents
• SCOTUS has never held that an asserted belief was not religious for 1st Am purposes
• when deciding if someone holds a religious belief or whether it qualifies as religious, courts can question the sincerity of a person’s belief, but not the truthfulness of the belief

Question 3

Standard for Laws That Discriminate on Basis of Religion

Answer 3

• a law or other gov conduct that discriminates on basis of religion is subject to strict scrutiny
• discriminatory if not neutral on its face OR facially neutral but not generally applicable (i.e. silent wrt religion, but by design it targets religion generally or a particular religious group)

Question 4

Free Exercise + Neutral Laws of General Applicability

Answer 4

• such laws don’t violate Free Exercise Clause -> can’t use it to challenge gov action unless the action was specifically designed to interfere with religion

Question 5

General Applicability - Laws with Systems for Exemptions

Answer 5

• a law that gives gov officials discretion to grant exemptions from the law is NOT generally applicable
• if someone seeks an exception from such a law on religious grounds + gov refuses to grant, person can challenge on Free Exercise grounds
• strict scrutiny would then apply

Question 6

Free Exercise Clause and Exemptions

Answer 6

• the clause does NOT require religious exemptions from gov regs that are generally applicable + happen to burden religious conduct
  -> you can require someone to comply with such laws even if their religious beliefs are against it
• note though that if gov were to grant a religious exemption, it generally wouldn’t violate Establishment Clause

Question 7

Exceptions to the Rule that Generally Applicable Laws Don’t Need to Include Religious Exemptions

Answer 7

• religious orgs are granted special exemption though from suits alleging employment discrim by ministers
• if states unemployment regs allow people to refuse work for good cause, the state can’t refuse to grant unemployment benefits to those who quit their jobs for religious reasons
  -> worker doesn’t need to belong to a formal religious org, as long as the belief is sincere
• Amish exempt from law requiring compulsory school attendance until age 16 (based on Free Exercise and fundamental right to educate one’s children)

Question 8

Gov Benefit Programs + Religious Orgs

Answer 8

• state can’t limit eligibility for a generally available gov benefit to nonreligious orgs
• even if a state isn’t required to create a benefit, if it chooses to do so, can’t exclude otherwise qualified indiv or institution from receiving benefit solely based on religious status

Question 9

Establishment Clause

Answer 9

• prohibits gov sponsorship of religion -> gov cannot aid or formally establish a religion
• compels gov to pursue a course of neutrality toward religion

Question 10

Establishment Clause - Neutrality Principle

Answer 10

• gov generally must remain neutral wrt religion, neither favoring nor disfavoring

Question 11

Establishment Clause - Coercion

Answer 11

• gov cannot directly or indirectly coerce individuals to exercise (or refrain from exercising) their religion

Question 12

Establishment Clause - History and Tradition

Answer 12

• Establishment Clause must be interpreted by reference to historical practices + undertakings
• basically, if there’s a religious practice/display around for a long time, usually upheld b/c of role religion played in history + tradition of the country
  -> looks at what Founders intended to prevent w/ Establishment Clause

Question 13

Types of Establishment Clause Cases

Answer 13

• cases preferring one religious sect over others
• cases unconnected to financial aid or ed
• cases involving financial aid to religiously affiliated institutions
• cases concerning religious activities in public schools

Question 14

Establishment Clause - Sect Preferences

Answer 14

• basically not allowed, unless necessary to achieve a compelling gov interest

Question 15

Establishment Clause - Causes Unrelated to Financial Aid or Ed

Answer 15

• good rule of thumb: a law favoring or burdening religion or a specific religious group will be invalid, but a law favoring or burdening a large segment of society that happens to include religious groups will be upheld

Question 16

Cases Involving Benefits to Religious Institutions

Answer 16

• statute authorizing gov aid to religiously affiliated institutions must be neutral toward religion
• neutral benefit programs valid even if as result of independent choices of private benefit recipients, it allows public funds to be directed to religious orgs
• programs of aid to grade schools or high schools - if state subsidizes private ed, can’t deny same funding to religious schools

Question 17

Religious Activities in Public Schools

Answer 17

• school-sponsored religious activity is invalid
• BUT school accommodation of religion may be valid
• if public school allows members of public + private orgs to use school property when classes not in session, can’t deny religious org permission to use the property for meetings merely b/c religious topics will be discussed