Freedom of Religion/Association

Question 1

What is the three part Lemon Test for determining validity of government action under the Establishment Clause?

Answer 1

The three-part Lemon test, applied in cases in which there is no preference for one religious group over another, is that:

1. The action has a secular purpose,
2. The action has a primary effect that neither advances nor inhibits religion, and
3. The action does not produce excessive government entanglement with religion.

Question 2

When may the government ask a potential employee about membership in an organization?

Answer 2

A government employer may ask a prospective employee about membership in any organization sufficiently bearing on the loyalty and competence of the employee.

Question 3

What is the balancing test for a regulation of the electoral process?

Answer 3

If the restriction on First Amendment activities is severe, it will be upheld only if it is narrowly tailored to achieve a compelling interest, but if the restriction is reasonable and nondiscriminatory, it generally will be upheld on the basis of the states’ important regulatory interests. [