Freedom of Religion

Question 1

Establishment of Religion

Answer 1

1. does the law have a secular purpose
2. does the law have a primary effect that neither advances nor inhibits religion
3. does the law avoid excessive government entaglement with religion

Schools - aid to religiousd primary and secondary schools is allowed if it is neutral in that it goes to parents and then given to private school

Endorsement - violation of establishment clause for governmentto endorse one religion over another and to endorse religion over non-religion (exception for “In God we Trust”)

SCOTUS wants to prevent government endorsement of religion (e.g. offically sponsored school prayer, posting 10 commandements)

Question 2

Free Exercise of Religion

Answer 2

Religions Belief - protected absolutely

Religious Conduct - protected qualifiedly, but no right to accommodation, no constitutional right to exemption from neutral generally applicable regulations of conduct

EXCEPTION - ministerial exeption - SCOUTS held that 1st A requires a ministerial exception to employment laws