Freedom of Religion (1A)

Question 1

establishment clause

Answer 1

prohibits the govt from establishing a religion OR endorsing/supporting religion

Question 2

discriminating laws against religion

Answer 2

laws that discriminate against a religion MUST satisfy strict scrutiny

Govt must show:
1. the law is narrowly tailored,
2. to achieve a compelling govt interest, AND
3. that the least restrictive means was used

Question 3

facially neutral laws

Answer 3

laws that are facially neutral (not discriminating against a particular religion) are PROHIBITED IF historical practices & understandings of the Establishment Clause are violated
- Coercion (to support or participate in religious activity) is a primary factor for a violation

Question 4

free exercise clause

Answer 4

prohibits govt from interfering w/ the exercise of religion

Question 5

laws designed to interfere

Answer 5

laws designed to interfere w/ religion are subject to strict scrutiny

Govt must show:
1. the law is narrowly tailored,
2. to achieve a compelling govt interest, AND
3. that the least restrictive means was used

Question 6

general applicability laws

Answer 6

laws of general applicability that cause unintentional burdens on religion are CONSTITUTIONAL and do NOT offend the Free Exercise Clause
- Examples: illegal drug use, animal sacrifice