Religion

Question 1

First Amendment Free Exercise Clause

Answer 1

Government interference in religion depends on whether it involves religious (1) belief or (2) conduct

Question 2

Religious Belief

Answer 2

The freedom to believe in any religion or none at all is absolutely protected and cannot be restricted by law. The government may not deny benefits or impose burdens based on religious belief.

Question 3

Religious Conduct

Answer 3

Religious conduct is not absolutely protected. Generally, laws that intentionally target religious conduct are subject to strict scrutiny. Neutral laws of general applicability that have an impact on religious conduct are subject to the rational basis test.

Question 4

First Amendment Establishment Clause

Answer 4

When a government program prefers one religion over the other, or religion over non-religion strict scrutiny applies.

Question 5

Lemon Test

Answer 5

Under the Lemon test, governmental action that benefits religion does not violate the Establishment clause if: (1) it has a secular purpose, (2) its principal or primary effect neither advances nor inhibit religion, and (3) it does not result in excessive government entanglement with religion.