Freedom of Religion Flashcards
Governmental Programs Showing preference to one religion over another
Strict Scrutiny applies
Standard of review
Valid if:
1) it has secular purpose
2) its principal or primary effect neither advances nor inhibits religion
3) It does not result in excessive government entanglement with religion
Aid to religious organizations
OK if it’s secular in nature (textbooks, computers, standardized tests, etc.)
Tax Exemptions
OK if equivalent to exemptions given to other charitable organizations.
Tax deductions to reimburse tuition expenses only for parents/students of religious schools
INVALID unless applied to all parents for all schools public or private.
Religious activities in public school
violates the establishment clause:
1) Prayer or Bible reading
2) Meditation or voluntary prayer
3) Nondenominational Prayer
4) 10 Commandments
5) Prohibiting the teaching of darwinism
10 Commandments
Only ok to be displayed if for moral message or social meaning.
Christmas Displays
Xmas tree ok, nativity is not.
Free Exercise Clause
Freedom to believe and freedom to act.
State Laws intentionally targeting religion
Strict Scrutiny
Religious Freedom Restoration Act
Fed Gov: even neutral laws are subject to SS if they substantially burden the free exercise of religion.
Ministerial Exception
Hiring and Firing a minister is solely a church’s decision.