Freedom of Religion (Module 13) Flashcards
Free Exercise Clause
prohibits gov form punishing someone on basis of their religious belief/status/conduct
Religious belief - pretty much any type of religious belief and SCOTUS has never held that an asserted belief was not religious for 1A purposes but court can question the sincerity of the belief
Scrutiny for Religious Regulations
Laws that discriminate on the basis of religion get SS; discriminates if:
1) facially discriminatory
2) facially neutral but by design targets religion generally or a particular religion
No Religious Exemptions Required (FEC)
FEC doesn’t require religious exemptions from generally applicable gov regulations that happen to burden religious conduct; but granting an exemption (like underage drinking of sacramental wine) wouldn’t violate EC
Exceptoins:
1) religious orgs must be granted an exemption from suits alleging employment discrimination by ministers against the org bc imposing unwanted minister violates FEC
2) Amish exemption that they don’t have to educate children
Gov Benefits Program and Religion
If a state chooses to create a benefit, then it can’t exclude an otherwise qualified individ/institution from receiving it based on their religious status; ex. state provides textbooks to nonreligious private schools must also provide the same to religious private schools
Determining Establishment Clause Violations
To determine if a law/spending violates EC:
1) Neutrality Principle (can’t favor or disfavor religion)
2) Coercion prohibited
3) History and Tradition
4) Founder’s intent
Types of Establishment Clause Cases
1) cases preferring on religious sect over another (must be necessary to further a compelling interest)
2) limited group of cases not dealing with financial aid or education
3) financial aid to religiously affiliated institutions (must be neutral toward religion/nonreligion)
3) religious activities in public schools
