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Conlaw II > Freedom of Religion > Flashcards

Freedom of Religion Flashcards

1
Q

constitutional prongs

FREEDOM OF RELIGION

A

free exercise clause

establishment clause

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2
Q

rule

FREE EXERCISE CLAUSE // FREEDOM OF RELIGION

A
  • 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
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3
Q

substance of clause

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A

gov may make no law respecting establishment of religion

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4
Q

3-test analysis

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A

FIRST, do lemon test
THEN, do coercion test
THEN, do endorsement test

[stop wherever law/action fails to satisfy requirement]

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5
Q

example of excessive entanglement

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A

gov can’t directly pay teacher’s salaries in parochial schools

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6
Q

scrutiny

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A

if gov is gonna discriminate against religious speech OR among religions = must meet strict scrutiny

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7
Q

specific example: gov-sponsored religious activities in public schools
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A

NOT ALLOWED

example = school prayer not allowed, not even voluntary, not even silent

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8
Q

specific example: gov aid to parochial schools

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A

gov aid to parochial schools allowed SO LONG AS

  1. giving aid to other schools AND
  2. not actually used in religious instruction
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9
Q

lemon test

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A

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

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10
Q

coercion test

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A 
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
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11
Q

endorsement test

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A

ENDORSEMENT TEST =

  • whether in the mind
  • of a reasonable observer
  • the gov intended to
  • endorse or inhibit religion
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12
Q

4 special rules

FREE EXERCISE CLAUSE // FREEDOM OF RELIGION

A
  1. gov cannot deny unemployment benefits for person who quits a job or fails to take a job because of sincerely held religious beliefs
  2. religious oaths may not be required for government employment
  3. amish children are exempt from mandatory secondary education
  4. religious organizations are exempt from employment discrimination suits brought by ministers and other ministerial employees.
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13
Q

definition/scope of religion

FREE EXERCISE CLAUSE // FREEDOM OF RELIGION

A

includes any sincerely held religious-like beliefs

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14
Q

specific example: leaving school early for religious purposes
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A

ALLOWED = schools may allow students to leave early to attend religious instruction off-campus

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15
Q

specific example: chaplain in state legislature/town council

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A

ALLOWED = the state legislature or town council may have a chaplain for historical reasons

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16
Q

constitutional gov aid to parochial schools

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A
  • free textbooks to all schools
  • transportation to and from school for all students
  • diagnostic tests
  • remedial education
  • guidance counseling
17
Q

unconstitutional gov aid to parochial schools

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A
  • transportation for field trips
  • payment of teachers’ salaries
  • reimbursement for writing achievement tests
18
Q

specific example: holiday scenes

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A

ALLOWED IF they include both religious and non-religious symbols (like a snowman)

19
Q

specific example: ten commandments

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A

NOT ALLOWED = the 10 Commandments may not be displayed on government property UNLESS they are displayed

  1. with other historical documents (like Magna Carta, Declaration of Independence)
  2. in an appropriate context
20
Q

specific example: school vouchers

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A

ALLOWED = vouchers to parents, which may be used for religious and non-religious schools, are constitutional

21
Q

4 categories of cases

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A
  1. cases preferring one religious sect over others
  2. limited group of cases unconnected to financial aid or education
  3. cases involving financial aid to religiously affiliated institutions
  4. cases concerning religious activities in public schools
22
Q

2 principles cases preferring one religious sect over others

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A
  1. gov action that prefers one religious sect over others violates the Establishment Clause UNLESS such action is necessary to achieve a compelling interest
  2. SC generally will not even resort to the Lemon test in such a case
23
Q

2 principles in cases unconnected to financial aid or education
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A

= limited group of cases

  1. 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
  2. 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
24
Q

2 principles in cases involving financial aid to religiously affiliated institutions
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A
  1. law authorizing gov aid to a religiously affiliated institution (hospital, school, etc.) must be tested under LEMON TEST
  2. 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)
25
Q

5 rules for cases concerning religious activities in public schools
ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A
  1. prayer and bible reading = invalid
  2. posting ten commandments in classroom = invalid
  3. released-time programs in public school building = invalid
  4. released-time programs in nonpublic building = valid
  5. on-campus meetings = equal access rule requires accommodation of religious organization as well
26
Q

reconciling free exercise and establishment

ESTABLISHMENT CLAUSE // FREEDOM OF RELIGION

A

= accommodation

EXAMPLES

  1. Employment
  2. Draft
  3. unemployment compensation
  4. tax exemption
  5. land use
  6. religious rights of institutionalized person
  7. moment of silence cases

Conlaw II (7 decks)

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