Pg 44

Question 1

Is it possible for nontheistic beliefs to qualify for constitutional protection?

Answer 1

Yes, like a conscientious objector status for those that sincerely and meaningfully believe something parallel to a belief in God

Question 2

What is the religious freedom restoration act?

Answer 2

Governments must give exemptions from a law to anyone that cannot comply with it because of their sincerely held religious belief, unless the government has a compelling interest in denying the exemption.

I.e.: required the government to give a Brazilian religious sect an exemption from the controlled substances act that stopped them from importing a hallucinogen for ceremonies. Court said that all members of the group that wanted that drug were sincere believers and that denying them access would severely burden their religiously motivated practices, and the government could not prove that the exemption would undercut the federal interest in banning the importation and distribution of the drug

Question 3

What are the two clauses of freedom of religion?

Answer 3

1. The establishment clause

2. the free exercise of religion clause

Question 4

How are both classes of freedom of religion applied to the states?

Answer 4

Through incorporation of the 14th amendment due process guarantee of liberty

Question 5

What are the rights of the government with regard to religion?

Answer 5

The government can only act to achieve neutral and secular goals in a religiously neutral way. Sometimes the government has no choice but to incidentally help or hinder a religious group or practice

Question 6

What is the establishment clause?

Answer 6

Forbids Congress from making any law respecting an establishment of religion. This applies to both the federal and local government and stops the government from:
- favouring any one religion over others
– Engaging in or sponsoring religious activities
– establishing a religion

Question 7

The establishment clause mandates that the government does what toward religion?

Answer 7

Accommodates, not just tolerates all religions and it forbid hostility toward any religion. Basically it stops a preference for religion over non-religion.

Question 8

Under the establishment clause, no person can be punished for what?

Answer 8

Entertaining or professing religious beliefs or disbeliefs for church attendance or non-attendance

Question 9

Is it possible for the government to tax people in order for them to teach or practice a religion?

Answer 9

No, the establishment clause forbids this

Question 10

Is it possible for the government to openly participate in the affairs of a religious organization or group?

Answer 10

No, the establishment clause forbids this

Question 11

Is it possible for a state to contribute tax raised funds to support an institution that teaches the tenets or faith of any church?

Answer 11

No, the establishment clause forbids this

Question 12

Is it possible for a government to exclude individuals of any faith because of their faith or lack of faith from receiving benefits of public welfare?

Answer 12

No, the establishment clause forbids this

Question 13

Is it possible for the government to uphold prayers to open legislative sessions under the establishment clause?

Answer 13

Yes, because of the historical acceptance of this.

Question 14

Is it permitted for a courthouse to have the 10 Commandments on the wall under the establishment clause?

Answer 14

No

Question 15

Are prayers at football games for public schools allowed under the establishment clause?

Answer 15

No, because this is not a neutral accommodation of religion. It is an impermissible religious-based purpose where the government essentially endorses religion and coerces people that don’t believe.

The government is not allowed to put people in conflict of conscience about whether to miss an event such as graduation or be subjected to religion

Question 16

Are governments permitted to put up religious displays?

Answer 16

City parks can have Christmas displays that are both religious and non-religious because the court has said this isn’t for a purpose that threatens the establishment clause since no government purpose is there to aid religion. It is unlikely that people would think it was endorsing religion, so there is no entanglement. If there’s both secular and religious it is OK. But if it is just religious, such as the nativity on city property, then that is not OK.

The question is whether a reasonable observer would think that the government was acknowledging cultural diversity or endorsing religion. Apply the reindeer rule: when a non-religious thing is posted along with a religious thing, usually it is acknowledging the holidays and cultural diversity

Question 17

Is the government allowed to reimburse for transportation to parents that have to send their kids to schools if it includes both public and parochial schools?

Answer 17

Yes. That does not violate the establishment clause because if they didn’t give funding, that would discourage people from sending their kids to religious schools and would stop free exercise of rights. Plus the money had nothing to do with religion, it was given to all parents for school transportation. This is similar to public buses that take people anywhere in the city, including to church

Question 18

If the government has made a legitimate attempt to accommodate religious activities or organizations, what happens to determine if the legislature’s promotion of these aided religion in a way that violates the establishment clause?

Answer 18

There must be judicial examination.

Ie: it’s OK to give tax exemptions to all nonprofit schools, both religious and otherwise, because the state is aiding a large group of activities defined in non-religious terms. But the government cannot put a special tax on religious activities or apply a fee license tax to preachers if it would prevent people from engaging in religious activity.

Question 19

Is it OK for the government to give vouchers to parents to use public money to pay for private school tuition if the kids were in terrible schools?

Answer 19

Yes because the voucher is given directly to parents who could then choose where to enrol their kids. The program didn’t have the effect of advancing religion, it just gave parents choice about education for their kids

Question 20

Can the state deny basic services like police or fire protection to organizations or people because they do not want to help a religious mission of those people?

Answer 20

No

Question 21

What are the three possible tests that could apply to the establishment clause?

Answer 21

– Lemon test
– endorsement test
– coercion test

Question 22

What are the three parts of the lemon test that applies to the establishment clause?

Answer 22

purpose, effect, and entanglement

Question 23

What is the lemon test under the establishment clause?

Answer 23

The court uses this to decide if officially neutral law gives aid to religious people or institutions that violates the establishment clause. If a statute has the incidental effect of aiding religion, it must:
- Have a secular legislative purpose
– have a primary effect that doesn’t advance or inhibit religion
– not foster an excessive government entanglement with religion

Question 24

What is the endorsement test under the establishment clause?

Answer 24

The court asks whether the law is an endorsement of religion or a particular religious belief. This is a refinement of lemons second prong. The question is whether a reasonable observer would find the matter to be an endorsement of religion

Question 25

What is the coercion test under the establishment clause?

Answer 25

Government may not coerce anyone to support or participate in religion or its exercise, or otherwise act in a way that establishes a state religion or religious faith, or tends to do so.

The government cannot coerce anyone to worship against their will or prohibit anyone from worshipping according to their will.

Question 26

If a school sponsors prayer at a graduation commencement ceremony, which test would you apply under the establishment clause?

Answer 26

The coercion test. Even though the prayer might be nondenominational and voluntary for the students to observe it, it is still a violation because the state essentially required participation in a religious exercise and the constitution forbids the state from demanding religious conformity from a student as the price of attending her own high school graduation