Other topics

Question 1

hypo: state religion

Answer 1

constitutionally established that government cannot establish, promote, or privilege a religion.

Question 2

religious governmental test: when government seems to be furthering or disparaging religion

Answer 2

(1) must have secular, nonreligious legislative purpose
(2) principal or primary effect of law must neither advance nor inhibit religion
(3) no excessive government entanglement with religion

Any ONE violation sufficient

Question 3

hypo: school prayer

Answer 3

(1) mandatory event - child’s presence required
(2) prayer activity happening
- -> then unconstitutional

Question 4

hypo: judge starting courtroom proceedings with prayer

Answer 4

not children
but not a voluntary situation where defendants can show up late
so borderline

Question 5

basically, religious symbols line is about

Answer 5

whether it’s mandatory for someone to be there or not

can you opt out of doing/seeing the thing

Question 6

free exercise clause

Answer 6

protects you from the state impairing your ability to worship or not worship as you please

types:
(1) facial discrimination
(2) disparate impact – when you can show discriminatory intent
- -> if the only reason to prohibit this feature is because of its uniqueness to a religion, then probably discriminatory intent

Question 7

hypo: a sincere belief against taxing sales

Answer 7

neutrally applied, taxing does not implicate free exercise questions

exception: if you refuse to take a job because it would violate a sincerely held religious belief, then state cannot cut off employment benefits

Question 8

Lemon test for establishment clause (3)

Answer 8

(1) has a secular purpose
(2) has a primary effect that neither advances nor inhibits religion
AND
(3) does not produce excessive government entanglement with religion