Freedom of Religion

Question 1

Free Exercise Clause

Answer 1

Bars any law that prohibits or seriously burdens the free exercise of religion. Exception: a law of general applicability that does not intentionally burden religious beliefs and advances important public interests is allowable

Question 2

Establishment Clause

Answer 2

Prohibits laws respecting the establishment of religion. The government can’t endorse or favor specific religious groups. Government action challenged under the clause will be found invalid unless the action: 1) has a secular purpose, 2) has a primary secular effect, which neither advances or inhibits religions, and 3) does not produce excessive government entanglement with religion. If the government action contains a sect preference, strict scrutiny applies.