Freedom of Religion (1st Amendment)

Question 1

Establishment Clause

Answer 1

Prohibits the govt. from establishing a religion OR endorsing/supporting religion.

Question 2

Laws that discriminate against a religion MUST satisfy:

Answer 2

strict scrutiny→Govt. must show that:

(1) the law is narrowly tailored,
(2) to achieve a compelling govt. interest, AND
(3) that the least restrictive means were used.

Question 3

Laws that DO NOT discriminate (but that have some relationship to religion) will be upheld if:

Answer 3

(1) it has a secular purpose;
(2) its primary effect does not advance or inhibit
religion; AND
(3) it does not excessively entangle the govt. with religion.

Question 4

Free Exercise Clause

Answer 4

Prohibits the govt. from interfering with the exercise of religion.

Question 5

Laws designed to interfere with religion are subject to:

Answer 5

strict scrutiny→Govt. must show that:

(1) the law is narrowly tailored,
(2) to achieve a compelling govt. interest, AND
(3) that the least restrictive means were used.

Question 6

Laws of general applicability that cause unintentional burdens on religion are:

Answer 6

CONSTITUTIONAL, and do not offend the Free Exercise Clause.

− Examples→illegal drug use, and animal sacrifice.