Freedom of Religion Flashcards
Free Exercise Clause - generally
The free exercise clause prohibits government from punishing someone on the basis of their religious belief or related religious status or conduct.
Free Exercise Clause - what constitutes religious belief
For first amendment purposes, 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. Notably, the Supreme Court has never held that asserted religious belief was not religious for first amendment purposes.
Free Exercise Clause - what constitutes religious belief - sincerity vs truthfulness
When deciding whether a person holds a religious belief or even just whether the belief qualifies as religious, courts can consider the sincerity of a persons belief, but not the truthfulness of the belief.
Free Exercise Clause - discriminatory laws subject to strict scrutiny
A law or other government conduct that discriminates on the basis of religion is subject to strict scrutiny. A law is discriminatory if it is either:
Neutral on its face (that is, the law expressly provides, favored or favored treatment based on religious belief, conduct, or status)
Or
Neutral, but not generally applicable (that is, the law is silent with regard to religion, but, by design, at target, religion, generally, or a religion in particular)
The Supreme Court has never found an interest so compelling under strict scrutiny that it justifies such action. 
Free Exercise Clause - discriminatory laws subject to strict scrutiny - neutral laws of general applicability
A lot that is facially, neutral, and generally applicable is not subject to the free exercise clause. In other words, the free exercise clause cannot be used to challenge government action, unless the action was specifically designed to interfere with religion.
Free Exercise Clause - discriminatory laws subject to strict scrutiny - laws with system for exemptions not generally applicable
A law that gives government officials discretion to grant exemptions from the law is not generally applicable. Thus, if someone seeks an exception from such a law on religious grounds, and the government refuses to grant the exception, that person can challenge the denial on free exercise clause grounds. Strict scrutiny what apply. 
Free Exercise Clause - no religious exemptions required - generally
The free exercise clause does not require religious exemptions from generally a applicable governmental regulations that happen to burden religious conduct. Meaning, a law that regulates the conduct of all people can be applied to prohibit the conduct of a specific person, despite the fact that their religious believes prevent them from complying with the law. But granting an exemption to accommodate religious exercise, such as for underage drinking of sacramental wine, generally would not violate the establishment clause.
Free Exercise Clause - no religious exemptions required - exceptions: ministers
Religious organizations must be granted an exemption from suits, alleging employment, discrimination by ministers against their religious organizations. Imposing an unwanted minister would violate the free exercise clause, and allowing the government to determine who will minister within a faith would also violate the establishment clause. This exception extends not only to the heads of a congregation, but also to those who are in any position considered by the congregation to be ministerial.
Free Exercise Clause - no religious exemptions required - exceptions: unemployment compensation
If a states, 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. Meaning, the work or conditions of work conflict with tenants of the workers religion. The worker doesn’t need to belong to a formal religious organization in such a situation, as long as the belief is sincere. 
Free Exercise Clause - no religious exemptions required - exceptions: right of amish not to educate children
The Supreme Court has granted the Amish and exemption from a law requiring compulsory school attendance until age 16, based on the free exercise clause and the fundamental rights to educate one’s children. 
Free Exercise Clause - no exclusion from government benefits programs due to religion
A state may not limit eligibility for a generally available, governmental benefit to non-religious organizations. Even if a state is not required to create a benefit, if it chooses to do so, it may not exclude otherwise qualified individual or institution from receiving the benefit based solely on the basis of their religious status. There is no compelling interest that would justify the exclusion.thus, if a state provides textbooks to a secular private school, it must provide the same benefits to otherwise eligible, religious private schools.
Establishment Clause - generally
Establishment clause prohibits government sponsorship of religion, meaning the government cannot aid or formally establish a religion. Like the free exercise clause, it compels the government to pursue a course of neutrality towards religion. 
Establishment Clause - 3 approaches
Neutrality principle
Coercion prohibited
History and tradition
If there is an establishment clause issue on the MEE, should analyze all three. 
Establishment Clause - 3 approaches - neutrality principle
The government generally must remain neutral with respect to religion, neither favoring nor is favoring it.
Examples: providing police and fire protection to religious buildings on the same basis as to the secular community is an act that is neutral with respect to religion.
Exemption of religious publications, but not others, from a sales tax is an example of a law that is not neutral because it favors religion.
Establishment Clause - 3 approaches - coercion prohibited
The government may not directly or indirectly coerce individuals to exercise or refrain from exercising their religion
Examples: finding someone for not attending church is an example of a direct coercion. Providing clergy lead invocation and benediction prayers at a middle school graduation is an example of indirect coercion. 
Establishment Clause - 3 approaches - history and tradition approach
The court has often stated that the establishment clause must be interpreted by reference to historical practices and understandings. Religious practices and displays that have been around for a long time 10 to get appealed because the court sees them as tolerable acknowledgment of the role that religion has played in the history and tradition of this country. More specifically, the core also looks at the time when the constitution was first adopted and tries to determine what the founders intended to prevent by adopting the establishment clause And what they would have deemed acceptable. Overall, this approaches sometimes referred to as an analysis focused on original meaning and history.
Examples: prayer opening a legislative session or city council meeting. A four decade old 10 Commandments display at the Texas state Capitol grounds. A large World War I memorial cross that had been on display for many years when challenged. 
Establishment Clause - types of cases - generally
The establishment clause cases can be grouped into four categories: 1) cases, preferring one religious sect over the other, 2) a limited group of cases unconnected to financial aid education, 3) cases involving financial aid to religiously affiliated institutions, and 4) cases concerning religious activities in public schools. 
Establishment Clause - types of cases - sect preference
Government action that prefers one religious sect over the other violates the establishment clause, at least if such favoritism is not necessary to achieve a compelling interest.
Establishment Clause - types of cases - cases unconnected to financial aid or education
In cases, not connected to financial aid or education and not involving a sect preference, a good rule of thumb is that a law favoring or burdening religion or a specific religious group will be invalid. For example, exempting only traditional religions from state registration requirements. But, a law favoring or burning a large segment of society that happens to include religious groups will be upheld. For example, a Sunday closing law.
Establishment Clause - types of cases - cases involving financial benefits to religious institutions - generally
The statute authorizing governmental aid to a religiously affiliated institution must be neutral toward religion
Establishment Clause - types of cases - cases involving financial benefits to religious institutions - recipient based aid
A neutral benefit program, such as school, tuition assistance, is valid, even if as a result of the independent choices of private benefit recipients, and allows public funds to be directed to a religious organization.
Establishment Clause - types of cases - cases involving financial benefits to religious institutions - aid to grade schools and high schools
Programs of aid to grade schools or high schools are subject to the same test as all other laws under the establishment clause. Most of the time, programs that include both religious and secular private schools will be valid. If a state subsidizes, private education, it can’t deny the same funding to religious schools. Treating religious private schools as non-religious private schools does not violate the establishment clause and is required by the free exercise clause 
Establishment Clause - types of cases - religious activities in public schools
School sponsored, religious activity is invalid, but school accommodations of religion may be valid. If a public school allows members of the public and private organizations to use school, property and classes are not session, it can’t deny a religious organization permission to use the property for meetings merely because religious topics will be discussed.
