Religion

Question 1

Free Exercise Clause

Answer 1

Each person has the right to practice their religion as they choose. The government cannot intentionally prohibit a person from practicing their religion. However, mere incidental effects on religion are constitutional. Further, the free exercise clause does not allow people to break the law in the name of their religion.

Question 2

Establishment Clause

Answer 2

The government cannot pass a law establishing a religion. While the federal Establishment Clause inquiry focuses on neutrality, historical practice, and whether the Founding Fathers would have considered the action involved acceptable. The test has not been clarified for the Florida Constitution, however the Lemon test held the law (1) must be secular in purpose; (2) must not promote or inhibit religion; ;and (3) must not excessively entangle religion.