freedom of religion

Question 1

free exercise clause

Answer 1

free exercise clasue cannot be used to callenege a neutral law of general applicability (e.g. Oregon makes peyote illegal, but it’s a drug, so that’s fine if it interferes with natives)

approach - talk about neutral law and only incidentally brudens man’s rights

Denial of benefits to a religious school that are provided to a secular private school must meet STRICT SCRUTINY

Question 2

establishment clause

Answer 2

test

1. must be secular purpose for the law
2. the effect must be neitehr to advance nor inhibit religion
3. there must not be excessive entanglement with religion

can’t discriminate against religious speech or among religions unless strict scrutiny

gov sponsored religious activity in public schools is unsconst. but mmust make open facility to religious students if open to non religious

can give vouchers to parents to use on parochial schools