Religion Flashcards
What is the free exercise clause?
Prohibits government from punishing someone on the basis of their beliefs.
Can state governments require office holders or employees to take a religious oath?
No
Can states exclude clerics from public office?
No
Can courts declare a religious belief to be false?
No
True or False: Religious belief is not clearly defined but the court has never held that a religious belief was not religious under the 1st amendment?
True
When can the free exercise clause be used to challenge government regualtion?
When the regulation was specifically designed to interfere with religious conduct.
Does the free exercise clause require exemptions from generally applicable government regulations that happen to burden religious conduct?
No
What is the rule if the restriction is one of general application?
Can be applied to prohibit the conduct of a person despite the fact that his religious beliefs prevent him from complying with the law.
True or False: Religious org must be given an exemption from suits alleging employment discrimination from ministers.
True - imposing an unwanted minister violates the free exercise clause.
True or False: State can’t deny unemployment to persons who quit their jobs for religious reasons.
True
Do amish have a special exception allowing them not educate their children?
Yes
What is the purpose behind the establishment clause?
Government to have an attitude of neutrality toward religion.
What is the test for a challange under the establish clause?
Action is invalid unless:
1) It has a secular purpose
2) Primary effect that neither advances or inhibits religion
3) does not produce excessive entanglement with religion.
True or False: Government action that prefers a sect over another violates the establishment caluse?
True
Is school sponsored religious activity funding permitted?
No
