Religious Freedom** Flashcards
Florida has a statement about respecting the establishment of religion or prohibiting or penalizing the free exercise thereof. This is similar to what I’m teaching now the constitution?
The establishment clause in the Us Constitution and the first amendment.
Because the Florida law mirrors the US Constitution on religious freedom, what test is used?
Lemon v. Kurtzman The lemon test inquires first the statute must have a secular legislative purpose, second its primary effect must be one that neither advances nor inhibits religion and third the statute must not foster excessive government entanglement with religion.
When it comes to spending public funds on religious organizations Florida has additional text about religious freedom that says:
Religious freedom shall not justify practices inconsistent with public morals, peace or safety. No revenue of the sate or any political subdivision or agency thereof shall be taken from the public treasury directly or indirectly in aid of any church…This is stricter than the Federal rule
What is the RFRA?
The Religious Freedom Restoration Act increases the scope of religious protection beyond the conduct considered protected by cases fro the U supreme court. So now any law even a neutral law of general applicability is subject to strict scrutiny where the law substantially burdens the free exercise of religion.
What is the burden of proof needed under the RFRA?
P must show that a regulation substantially burdens his free exercise of religion. The state must show that the regulation furthers a compelling governmental interest and is the least restrictive means of furthering that interest.
