Freedom of Religion

Question 1

Free Exercise Clause

Answer 1

The government cannot regulate or interfere with religious beliefs and practices
Free exercise clause arises when:
-The government prohibits behaviour that a person’s religion requires
-Government requires conduct that a person’s religion prohibits
-Individuals claims that law or regulations burden observances

Question 2

Free exercise Smith Standard

Answer 2

Generally applicable
Religion-neutral laws that have the incidental effect of burdening a particular religious practices need not be justified by a compelling interest unless another Constitutional protection is burdened in conjuction (i.e. a law that requires children to attend school would also burden the right of Amish parents to raise children)

Generally applicable laws that are against conduct, rather than religion, are upheld (i.e use of peyote or denial of tax exempt status to schools that discriminate)

Neutral laws aren’t enacted for the purpose of disfavoring a religion

If the law is neither generally applicable or neutral, then strict scrutiny applies

Question 3

Establishment Clause

Answer 3

The govt cannot favor any particular religion or group of religions, or prefer religion over non religion

This clause arises when
-the govt discriminates between religions
==Disfavored status: regligion recieving less favored treatment
==Preferred Status: religion receiving special benefits
-or the government promotes religion in general

Question 4

Establishment Clause Lemon Test

Answer 4

If the government is engaged in religion in any way, it must:
-have a secular purpose, not a religious purpose
-not advance or inhibit religion as its primary effect,
no excessive entanglement

Question 5

3 Establishment Clause viewpoints/theories

Answer 5

Separationist: the establishment clause is a wall of separation, since religion corrupts politics
Neutrality Theory: the government must be a neutral actor and the EStablishment Clause is violated if there is endorsement of a particular religion, or either religion or non-religion
Accommodation Theory: the government should accommodate all religions, and the Establishment Clause is only violated if the government establishes a church

Question 6

Prayer in School

Answer 6

Prayers and bible readings in school are invalid

Question 7

Religious groups access to school facilities

Answer 7

School should allow access of facilities to religious groups as long as there is equal access to other groups as well
Prevention of student religious groups to access facilities is unconstitutional since the college created a public forum and the exclusion of religious worship is content based

Question 8

Aid to parochial schools

Answer 8

Aid to parochial schools is okay as long as the same treatment is given to all other school as well
Government paying money directly to the religious schools is not allowed, but funds can be given indirectly through parents, etc.
-Use the lemon test minus entanglement ( must have a secular purpose and must not advance/inhibit religion as its primary effect)

Question 9

Student religious groups and govt funds

Answer 9

Cannot preclude funds to religious student groups that other groups recieve

Question 10

Religious symbols on govt property

Answer 10

Depends on the context, except if there is a long tradition for it (i.e. prayers to open Congress is a tradition)
Ten commandments display is unconstitutional because there is no secular theme, but if there was a sign indicating as to who erected it, there is a secular message, so its not unconstitutional
Nativity scene on govt property violates the Establishment clause, but the menorah does not because it is non-secular.