Lesson 9: Freedom of Religion Flashcards
Establishment Clause/Freedom of Religion
The First Amendment to the Constitution provides that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
Lemon Test
A government action, in order to not violate the establishment clause, must:
1) Have a secular purpose
2) Have as its primary effect neither the advancement nor inhibition of religion; and
3) Not result in excessive governmental entanglement in religion.
Rule of Employment Div. v. Smith
An individual’s religious beliefs do not excuse noncompliance with an otherwise valid law which is religiously-neutral and of general applicability and which prohibits conduct which the state is free to regulate.