Freedom of Religion

Question 1

Freedom of Religion Clauses

Answer 1

Establishment Clause

Free Exercise Clause

Question 2

Establishment Clause Test

Answer 2

Lemon Test

1. Secular purpose
2. Primary effect neither inhibits nor advances religion
3. No excessive government entanglement

Question 3

Establishment Clause Categories

Answer 3

PUFS

1. Preference
2. Unrelated to financial aid or schools
3. Financial aid to religious organizations
4. Religious activities in schools

Question 4

Establishment Clause

Preference Cases

Answer 4

Cases where government prefers one religious sect over others
- violates Establishment Clause unless there’s a compelling interest

Board of Ed. v. Grumet

Question 5

Establishment Clause

Unrelated to Financial Aid/Schools Cases

Answer 5

Who does the law favors?

Laws favoring or burdening larger segment of society will be upheld even if that also includes religious groups

1. State legislature can employ chaplain
2. Town hall meetings can start with prayer
3. 10 commandments can be displayed unless shown to have a predominantly religious purpose
4. Holiday displays: would an objective, reasonable observer believe the government is endorsing religion?

Question 6

Free Exercise Clause

Answer 6

1. Government cannot regulate belief
2. Government cannot regulate conduct solely because it is religious
3. Government may regulate general conduct (laws of general applicability)

Question 7

Smith-Lukumi Rule

Answer 7

1. Can’t punish conduct because it is religious
2. Facially neutral = rational basis
3. Facially discriminatory = strict scrutiny

Question 8

Unemployment Division v. Smith

Answer 8

Free Exercise Clause cannot be used to challenge a law of general applicability unless it can be shown that the law was motivated by desire to interfere with religion