Religion Flashcards

1
Q

FREE EXERCISE OF RELIGION

A

INDIVIDUAL has right to exercise their religion any manner they choose, as long as they do not violate Law (Gov must remain NEUTRAL – law cannot be related to religion – EVEN IF AFFECTS INDIR)

  • Look for INTENT

ESTABLISHMENT CLAUSE – GOVT making a law which may be too closely related to religion (Gov cannot pass a law that establish a religion).

  • Apply 3-part LEMON test:

1) Statute has secular purpose

2) Govt. cannot promote or inhibit particular religion

3) Govt cannot get too “entangled” with religion (MONEY)

  • New test – Test of Neutrality: As long as neutral –> OK!
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