Freedom of religion

Question 1

Establishment

Answer 1

Standard of review (Lemon test) – Governmental action benefitting religion may be valid if
• Secular purpose
• Primary effect neither advances nor prohibits religion, and
• Does not result in excessive government entanglement with religion

Financial aid to religiously affiliated institutions
• Permitted if the aid is secular in nature, used for a secular purpose, and distributed according to religiously neutral criteria
o Secular textbooks, computers, transportation, etc. found constitutional
• Level of government entanglement required is considered when deciding whether religion is being advanced or inhibited
• Tax exemptions—valid if equivalent to exemptions to other charitable institutions not advancing/inhibiting religion (i.e., can’t be available only to religious organizations)
o Tuition vouchers do not violate Establishment Clause if parents can decide whether to use them at religious or non-religious schools

3. Held invalid as clearly promoting religion at school
   • Prayer/Bible reading
   • Period of silence for meditation/voluntary prayer
   • Nondenominational prayer by cleric at graduation
   • Posting of Ten Commandments
   • Prohibiting teaching of Darwinism
4. Religious displays
   • Ten Commandments on public property not allowed if it has predominantly religious purpose
   • Government holiday displays permissible unless reasonable observer’s conclusion is that they endorse religion

Question 2

Free exercise

Answer 2

Religious belief
• Absolutely protected and cannot be restricted by law
• Government cannot deny benefits or impose burdens based on religious belief
o Court may determine sincerity of person asserting belief, but may not determine reasonableness of belief

Religious conduct
• Not absolutely protected
• State laws that intentionally target religious conduct subject to strict scrutiny
• Neutral state laws of general applicability that have an impact on religious conduct only subject to rational basis test