Religion

Question 1

federal Religious Freedom Restoration Act

Answer 1

even neutral laws of general applicability are subject to strict scrutiny if they substantially burden the free exercise of religion. This statute significantly broadens the protection for the free exercise of religion beyond that provided by the United States Constitution

Question 1

Free Exercise Clause of the First Amendment

Answer 1

A neutral state law of general applicability that has the incidental effect of interfering with a person’s ability to engage in religious practices is subject only to the rational basis test

Question 2

Establishment Clause

Answer 2

Government benefits to religious organizations must comply with the First Amendment establishment clause, which applies to the states through the Fourteenth Amendment.

Challenges brought under this clause are generally reviewed under the historical test = default [longstanding tradition & historical foundation]. However, courts may forego this test and apply the more stringent strict scrutiny test when the law directly benefits or burdens a particular religion.

Endorsement Test: No appearance that government endorses religion
RE==> Public displays or monuments (eg, holiday displays)

Coercion Test: No forced conformity with religious belief or practice
RE ==> Public schools (eg, convocation prayer)

Question 3

Direct v Indirect Religious Burdens

Answer 3

Direct = burden necessary to achieve compelling state interest

Indirect = burden rationally related to legitimate state interest
==> generally applicable
==> law does not req indiv assessment