Freedom of Religion

Question 1

1st Amendment-Freedom of Religion Definition

Answer 1

The freedom of religion is a 1st amendment limitation on Congress’s actions based upon the establishment and free exercises clauses. The 1st Amendment is applicable to the states through the 14th Amendment.

Question 2

Establishment Clause

Answer 2

Prohibits the govt from establishing a religion or an official religion. The Establishment Clause also prohibits the government from supporting religion.

Question 3

Sect Preference (Establishment Clause)

Answer 3

If govt action includes a preference for one religious sect over another, the law will be held invalid unless it is narrowly tailored to promote a compelling interest. (Strict Scrutiny)

Question 4

Lemon Test (No sect preference)

Answer 4

If govt action doesn’t involve sect preference, it will not violate the estblishment clause if it: (SEX)

1. Secular Purpose
2. Effect that is primarily not advancing or inhibiting religion
3. No excessive govt entanglement with religion.

Question 5

Free Exercise Clause

Answer 5

The Free Exercise Clause bars any law that prohibits or seriously burdens the free exercise of religion. Except: A law of general applicability that does not intentionally burden religious beliefs and advances important public interests is allowable.