Religion (1st)

Question 1

Free Exercise Clause

Answer 1

Gov’t can’t interfere w/ free exercise of religion

1. Whether religious belief involved
2. Whether sincerely held
3. Whether gov’t interfering

Question 2

Free Exercise Clause - Religious Belief

Answer 2

Need not be trad. organized religion; treat as religion if occupies place in life parallel to that of traditional rel. beliefs (court doesn’t look at validity)

Question 3

Free Exercise Clause - Sincerity of Belief

Answer 3

Court assess sincerity, must be sincere for protection

Question 4

Free Exercise Clause - Gov’t Interfering

Answer 4

Doesn’t prohibit gen. law of neutral application (even if incidental interference)
Doesn’t require neutral laws to exempt rel. conduct
Interference = SS

Question 5

Free Exercise Clause - Misc.

Answer 5

Can’t deny gov’t benefits to job quitter for rel. reasons
Church never liable for minister choices
SS to deny benefits to rel. school but not private secular school

Question 6

Establishment Clause

Answer 6

Gov’t can’t pass laws effecting the establishment of religion
Lemon Test used to determine if gov’t action violates Establishment Clause

Question 7

Establishment Clause - Lemon Test

Answer 7

SS, but law okay if (1) Secular purpose, (2) Effect not to advance/inhibit religion and (3) no eXcessive entanglement

Question 8

Establishment Clause - Misc.

Answer 8

Must give equal access to school facilities as to non rel groups
Rel School: (1) gov’t can’t pay teacher directly, (2) assistance ok if not for rel. instruction, (3) parent vouchers ok