Freedom of Religion Flashcards
constitutional prongs
FREEDOM OF RELIGION
free exercise clause
establishment clause
rule
FREE EXERCISE CLAUSE // FREEDOM OF RELIGION
- free exercise clause may not be used to challenge a neutral law of general applicability
- if law was designed to interfere with religion = subject to strict scrutiny
substance of clause
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
gov may make no law respecting establishment of religion
3-test analysis
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
FIRST, do lemon test
THEN, do coercion test
THEN, do endorsement test
[stop wherever law/action fails to satisfy requirement]
example of excessive entanglement
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
gov can’t directly pay teacher’s salaries in parochial schools
scrutiny
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
if gov is gonna discriminate against religious speech OR among religions = must meet strict scrutiny
specific example: gov-sponsored religious activities in public schools
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
NOT ALLOWED
example = school prayer not allowed, not even voluntary, not even silent
specific example: gov aid to parochial schools
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
gov aid to parochial schools allowed SO LONG AS
- giving aid to other schools AND
- not actually used in religious instruction
lemon test
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
LEMON TEST =
law is unconstitutional if fails any these 3 requirements:
1. must be a SECULAR PURPOSE for the law (can’t be facially discriminatory)
2. PRIMARY EFFECT must be one that neither advances nor prohibits religion
3. must not foster EXCESSIVE GOV ENTANGLEMENT with religion
coercion test
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
COERCION TEST = gov may not a. coerce anyone - to support or participate - in religion or its exercise OR b. otherwise act in a way - that establishes a state religion or religious faith - or intends to do so
endorsement test
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
ENDORSEMENT TEST =
- whether in the mind
- of a reasonable observer
- the gov intended to
- endorse or inhibit religion
4 special rules
FREE EXERCISE CLAUSE // FREEDOM OF RELIGION
- gov cannot deny unemployment benefits for person who quits a job or fails to take a job because of sincerely held religious beliefs
- religious oaths may not be required for government employment
- amish children are exempt from mandatory secondary education
- religious organizations are exempt from employment discrimination suits brought by ministers and other ministerial employees.
definition/scope of religion
FREE EXERCISE CLAUSE // FREEDOM OF RELIGION
includes any sincerely held religious-like beliefs
specific example: leaving school early for religious purposes
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
ALLOWED = schools may allow students to leave early to attend religious instruction off-campus
specific example: chaplain in state legislature/town council
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
ALLOWED = the state legislature or town council may have a chaplain for historical reasons
constitutional gov aid to parochial schools
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
- free textbooks to all schools
- transportation to and from school for all students
- diagnostic tests
- remedial education
- guidance counseling
unconstitutional gov aid to parochial schools
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
- transportation for field trips
- payment of teachers’ salaries
- reimbursement for writing achievement tests
specific example: holiday scenes
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
ALLOWED IF they include both religious and non-religious symbols (like a snowman)
specific example: ten commandments
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
NOT ALLOWED = the 10 Commandments may not be displayed on government property UNLESS they are displayed
- with other historical documents (like Magna Carta, Declaration of Independence)
- in an appropriate context
specific example: school vouchers
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
ALLOWED = vouchers to parents, which may be used for religious and non-religious schools, are constitutional
4 categories of cases
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
- cases preferring one religious sect over others
- limited group of cases unconnected to financial aid or education
- cases involving financial aid to religiously affiliated institutions
- cases concerning religious activities in public schools
2 principles cases preferring one religious sect over others
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
- gov action that prefers one religious sect over others violates the Establishment Clause UNLESS such action is necessary to achieve a compelling interest
- SC generally will not even resort to the Lemon test in such a case
2 principles in cases unconnected to financial aid or education
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
= limited group of cases
- good rule of thumb
- law favoring/burdening RELIGION OR SPECIFIC RELIGIOUS GROUP = invalid
- law favoring/burdening a LARGER SEGMENT OF SOCIETY THAT HAPPENS TO INCLUDE A RELIGIOUS GROUP = upheld - exemptions from antidiscrimination laws
= fed gov may exempt religious organizations from the federal statutory prohibition against discrimination in employment on the basis of religion
AT LEAST regarding their nonprofit activities
2 principles in cases involving financial aid to religiously affiliated institutions
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION
- law authorizing gov aid to a religiously affiliated institution (hospital, school, etc.) must be tested under LEMON TEST
- SC applies Lemon test with GREATER STRICTNESS when the government aid is going to a religiously affiliated GRADE SCHOOL OR HIGH SCHOOL than it does when the aid is going to another type of religiously affiliated institution (such as a college or hospital)
