Freedom of Religion - Establishment Clause

Question 1

Establishment Clause

Answer 1

when a governmental program shows preference to one religion over another, or to religion over nonreligion, strict scrutiny applies

Question 2

Standard of Review

Answer 2

to determine if a particular program violated the establishment clause, “historical practices and understandings” are considered

Question 3

Financial Aid - Aid to Religiously Affiliated Institutions

Answer 3

permitted if the aid is secular in nature, used only for secular purposes, and distributed according to religiously neutral criteria

Question 4

Financial Aid - Tax Exemptions

Answer 4

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

cannot be available only to religious organizations

Question 5

Financial Aid - Tax Deductions and Aid for Parochial School Expenses

Answer 5

Tax Deduction - to reimburse tuition expenses only for parents of students in religious schools are invalid; must be available to all parents

Tuition Vouchers- does not violate EC if parents can decide whether to use them at religious or non-religious schools; however, states may deny state funds to a student pursuing a religious career without violating the Free Exercise Clause of the federal constitution

Question 6

Public School Activities

Answer 6

the following practices have been held invalid as clearly promoting religion

1. prayer and Bible reading
2. period of silence for meditation or voluntary prayer lacking any secular purpose
3. nondenominational prayer at school events
4. posting the Ten Commandments on public school classroom wall
5. prohibiting the teaching of Darwinisnm

Question 7

Access to Public School Facilities by Religious Groups

Answer 7

if a public school allows student groups or organizations to use facilities when classes are not in session, allowing a religious organization to use those facilities does not violate the EC

Question 8

Religious Displays

Answer 8

Ten Commandments - a display on public property is not allowed if it has a predominantly religious purpose

Government Holiday Display - generally permitted as an acknowledgement, but not an endorsement, of religion; context is key

Question 9

Legislative Prayer

Answer 9

generally permitted