Religious Liberty

Question 1

Nontraditional religions must ____ to be considered a religious belief.

Answer 1

Play a role in the lives of believers similar to that played in the lives of traditional believers

Question 2

Courts can question ____ but not ____ of believers.

Answer 2

Sincerity; truthfulness

Question 3

Laws discriminating on the basis of religion are subject to:

And discriminatory means:

Answer 3

Strict scrutiny.

Discriminatory if not neutral facially, or not generally applicable but instead targets religion generally OR one religion in particular

Question 4

Law giving officials a right to grant exemptions are/are not generally applicable.

Answer 4

NOT. Refusing exemption request on basis of religion may trigger strict scrutiny

Question 5

No religion exemptions required by the Free Exercise Clause. T/F? Exceptions?

Answer 5

True

Exceptions: ministers, unemployment compensation cases, right of Amish not to educate kids, RFRA

Question 6

(Lemon test) Establishment clause violates establishment clause unless the action: 3

Answer 6

Has secular purpose

Has primary effect neither advancing nor inhibiting religion, and

Does not produce excessive govt entanglement with religion

Question 7

Neutrality approach to Establishment Clause:

Answer 7

Govt must remain neutral with respect to religion

Question 8

Coercion approach to Establishment Clause:

Answer 8

Govt may not directly or indirectly coerce individuals to exercise their religion

Question 9

Endorsement approach to Establishment Clause:

Answer 9

Govt just not appear to endorse or disapprove of religion from the standpoint of a reasonable and informed observer

Question 10

History and tradition approach to Establishment Clause:

Answer 10

Court will find govt religious display or practice tolerable if it acknowledges the role religion has played in history and tradition of nation