Freedom of Religion

Question 1

Establishment of Religion

Answer 1

When a governmental program shows preference to one religion over another, or to religion over non-religion, STRICT SCRUTINY applies

Question 2

Establishment of Religion: Lemon Test

Answer 2

SEX

Governmental action that benefits religion is valid if:

(1) Secular purpose
(2) Effect is neither to advance nor inhibit religion
(3) no eXcessive government entanglement with religion

Question 3

Establishment of Religion: Aid to Religiously Affiliated Institutions

Answer 3

PERMITTED if aid is secular in nature, used only for secular purpose, and distributed according to religiously neutral criteria

Question 4

Establishment of Religion: Tax Exemptions

Answer 4

VALID if equivalent to exemptions to other charitable institutions not advancing or inhibiting religion

Question 5

Establishment of Religion: Tax Deductions for Tuition Expenses

Answer 5

INVALID if used to reimburse tuition expenses only for parents of students in religious schools

Question 6

Establishment of Religion: Tuition Vouchers

Answer 6

VALID if parents can decide where to use them at religious or non-religious schools

Question 7

Establishment of Religion: Public School Activities

Answer 7

The following are INVALID:

(1) Prayer and bible reading
(2) Period of silence for voluntary prayer lacking any secular purpose
(3) Nondenominational prayer at school events
(4) Posting Ten Commandments

Question 8

Establishment of Religion: Religious Displays

Answer 8

Display of Ten Commandments on public property is NOT allowed if it has predominantly religious purpose

Holiday displays are generally permissible unless a reasonable observer would conclude that the display endorses religion

Question 9

Free Exercise of Religion

Answer 9

Includes the freedom to believe and freedom to act

Question 10

Free Exercise of Religion: Religious Belief

Answer 10

Freedom to believe in any religion or none at all is
ABSOLUTELY PROTECTED

Cannot be restricted by law

Question 11

Free Exercise of Religion: Religious Conduct

Answer 11

Not absolutely protected

State laws that intentionally that intentionally target religious conduct are subject to STRICT SCRUTINY

Neutral laws of general applicability that have an impact on religious conduct are subject only to RATIONAL BASIS TEST