Freedom of Religion Flashcards
What is the Free Exercise Clause?
prohibits gov’t from punishing someone on basis of their religious beliefs OR related religious status/conduct
Is a facially neutral law with exemption system considered generally applicable?
No; if gov’t refuses to grant exemption to P (on religious grounds), subject to SS
Can court question a person’s religious sincerity and/or truthfulness?
Can question sincerity of person’s belief, but NOT truthfulness of belief
Free Exercise clause cannot be used to challenge gov’t action unless action __________.
was specifically designed to interfere with religion (i.e., law okay if facially neutral AND generally applicable)
What’s a religious discriminatory law?
either:
1) NOT neutral on its face; OR
2) facially neutral BUT not generally applicable (i.e., target by design)
Discriminatory law subject to what?
strict scrutiny
T or F: no religious exemptions required from generally applicable laws that incidentally burden religious conduct
True
Granting an exemption to accommodate religious _______ is okay
exercise
What is the minister exception of the FE clause?
Religious orgs must be given exemption from suits alleging employment discrimination by ministers (so as to not force ministers on churches)
What is the unemployment compensation case exception to the FE clause?
If state unemployment regulations allow people to refuse work for good cause, state precluded from refusing to grant unemployment benefits to people who quit a job for religious reasons
T or F: A state may limit eligibility for a generally available governmental benefit to nonreligious organizations
False
What is the Establishment Clause?
prohibits gov’t sponsorship of religion
What is the EC neutrality principle?
gov’t must remain neutral with respect to religion, neither favoring nor disfavoring it
What is the EC principle of coercion prohibited?
gov’t may not directly or indirectly coerce individuals to exercise/refrain from exercising their religion
What’s an example of indirect coercion of religion?
prayer at public middle-school graduation (important event that people likely to attend, even though not mandatory)
What is the History and Tradition approach of the EC?
Court looks at the time when Constitution adopted and tries to determine what Founders intended to prevent by adopting the EC AND what they would’ve deemed acceptable
What factors to focus on for an EC issue?
1) neutrality
2) coercion
3) history
4) Founders’ intent
What types of cases may arise under EC?
1) sect preference
2) cases unconnected to financial aid/education
3) cases involving financial benefits to religious institutions
4) religious activities in public schools
What is an EC sect preference case?
Gov’t violates EC when action prefers one religious sect over another unless necessary to achieve a compelling government interest
What is an EC cases unconnected… case?
Generally law favoring/burdening…
-specific religious group=invalid
-large segment of society=valid
A statute authorizing governmental aid to a religiously affiliated institution must be _______.
neutral toward religion
Recipient-based aid standard?
A neutral benefit program valid even if, as a result of independent choices of recipients, it allows public funds to be directed to a religious organization
Aid to grade schools and high schools?
generally OK if program funds both religious and secular schools
Can a school accommodate religion in school?
Usually yes, though school-sponsored religious activity invalid
