Religion flashcards
What are the two types of religiuos behavior? What are their scrutinies?
(1) Religious belife is absolute scrutiny
(2) Religious conduct is either low-level or strict scrutiny
Smith Analysis
(1) Low level scrutiny applies because strict scrutniy does not apply for “generally applied crime laws”
so
(2) Because there is a legitimate governmental objective to control peyote use
(3) they could fire the native churchman for using peyote
Church of the Lukumi analysis
(1) Strict scrutiny applies; Santerians may continue their animal sacrifice practice
(2) Because the law was not
(2a) Nuetral
(2b) or of general applicibility
What does the evangenlical test tend to do?
Focuses on Protecting the religious sphere
What does “the wall” test do?
Protects the government sphere
What does the “Nuetrality test” do?
Focuses on Seperation of church and state
Compares to the reasonable person test
Yoder Analysis
(1) (Historic)
(2) The amish did not have to send their kids to school after 8th grade because
(3)
What is the Penalty test?
The government may not tax us to support a government church
County of Allhegany Analysis
(1) Government only violates establishment clause if a reasonable observer endorses
(2) particular religions
(3) So a christmas scene with crosses and menorah is ok!
American legion analysis
(1) The WW1 cross does not need to be taken down or not maintained
(2) because ~70 years out it is no longer a religious relic, but a historical one.
Lee v Wiseman Analysis
(1) Coercion test dictates that a Rabbi saying Oh god
(2) At a comencement
(3) Creates a coercive environment that violates the establishment clause
but;
(4) Adults for government meeting is not coercive (Chambers)
(4a) as offense is not coercion
Penalty test
Cant tax for a church or establish a state church
