Freedom of Religion

Question 1

Freedom of Religion

Answer 1

The 1A prohibition on establishment of religion and its protection of the free exercise of religion is applicable to the states through the 14A.

Question 2

Establishment Clause

Answer 2

The establishment clause prohibits the G from enacting laws respecting the establishment of religion.

Question 3

Sect Preference

Answer 3

If a law prefers one sect over another, it is invalid unless the G can show that it is necessary to promote a compelling interest. Here,

Question 4

No Sect Preference - Lemon Test_SEX

Answer 4

If a law does not involve sect preference, it is valid ONLY if it 1) has a secular purpose, 2) has a primary effect that neither advances nor inhibits religion, and 3) does not produce excessive G entanglement with religion. Here,

Question 5

Lemon Test - Secular Purpose

Answer 5

A law must have a purpose other than that it is not based on faith or religion. Here,

Question 6

Lemon Test - Secular Effect

Answer 6

A law’s primary effect must neither advance nor inhibit religion. Here,

Question 7

Lemon Test - Excessive Entanglement

Answer 7

A law must not excessively entangle the G and religion. Here,

Question 8

Free Exercise Clause

Answer 8

The FEC prohibits G from punishing someone on the basis of her religious beliefs. Here,

Question 9

FEC - Strict Scrutiny

Answer 9

Technically, the G may impose a burden on a someone based on his religion if it is necessary to achieve a compelling interest. However, the USSC has NEVER found an interest so compelling that it justifies such action. Here,

Question 10

FEC - General Applicability

Answer 10

A law of general applicability, which incidentally burden religious practices, will not be subject to invalidation. The FEC cannot be used to challenge a G regulation unless the regulation was specifically designed to interfere with religion. Here,

Question 11

Unemployment Benefits

Answer 11

The G cannot refuse unemployment benefits if the person who quit their job quit for religious reasons. Here,

• Courts will look to person’s history of activity and involvement in the religion

Question 12

Freedom of Assocation

Answer 12

The G may not prohibit or punish group membership unless the law meets strict scrutiny. Here,

Question 13

Laws Criminalizing Membership

Answer 13

The G must prove that the D 1) actively affiliated with a group involved in illegal activities, 2) had knowledge of the groups illegal activities, and 3) acted with the specific purpose of furthering those activities. Here,

Question 14

Small Groups

Answer 14

Small intimate groups have ABSOLUTE freedom of association