Freedom of Religion Flashcards
What does the Establishment Clause state with regards to freedom of religion?
When a governmental program shows preference to one religion over another, or to religion over non religion, THEN strict scrutiny applies.
What additional factors are considered when determining whether a particular program violates the Establishment Clause?
Historical practices AND understandings are considered.
Is government aid to religiously affiliated institutions allowed? For what purposes?
Yes it is permitted if the aid is secular (nothing relating to religion) in nature OR used only for secular purposes, AND distributed according to religiously neutral criteria.
Examples of things that are found to be constitutional
-> secular textbooks
-> computers
-> transportation
Are tax exemptions allowed under the Establishment Clause?
Valid if equivalent to exemptions to other charitable institutions therefore not advancing or inhibiting religion (i.e., cannot be available only to religious organizations).
Do tax deductions violate the Establishment Clause with regard to reimbursement of tuition expenses?
Any tax deduction program to reimburse tuition expenses only for parents of students in religious schools is invalid.
The deduction MUST be available to all parents.
Are tuition vouchers a violation of the Establishment Clause?
Tuition vouchers do not violate the Establishment Clause if parents can decide whether to use them at religious or non-religious schools.
Can a state deny state funds to a student pursuing a religious career?
Yes a state may deny state funds (e.g. tuition vouchers) to a student pursuing a religious career without the Free Exercise Clause of the federal constitution.
What types of public school activities are invalid as clearly promoting religion?
The following activities are:
-> prayer and Bible reading
-> period of silence for “meditation or voluntary prayer” lacking any secular purpose
-> nondenominational prayer at school events
-> posting the Ten Commandments on public school classroom walls
AND
-> prohibiting the teaching of Darwinism
Does the access to public school facilities to religious groups violate the Establishment Clause?
If a public school allows student groups or organizations to use its facilities when classes are not in session, allowing a religious organization to use those facilities DOES NOT violate the Establishment Clause.
What types of religious displays are permissible and what types are not?
-> Ten Commandments
-> Government holiday displays
Ten Commandments
-> a display on public property is not allowed if it has a predominantly religious purpose
Government holiday displays
-> generally permissible as an acknowledgment, but not an an endorsement, of religion (context is key)
Is payer before a legislative proceeding permissible?
Yes it is generally permissible.
What does “free exercise” mean in terms of freedom of religion?
Includes the freedom to believe and the freedom to act.
How does the freedom of religious belief work?
The freedom to believe in any religion or none at all is absolutely protected and cannot be restricted by law.
What is the government not allowed to do with regards to religious belief?
The government may not:
-> deny benefits or impose burdens based on religious belief
-> require affirmation of a belief
OR
-> determine the reasonableness of a belief (although it may determine the sincerity of the person asserting that belief)
Is religious conduct absolutely protected?
No it is not.
