The Free Exercise Clause Flashcards
The Religious Clauses
The religious Clauses: “Congress shall (i) make no law respecting an establishment of religion or (ii) prohibiting the free exercise thereof,“
OG Understanding of Religious Clauses by Founders
Evangelical view: protect religion against outside force to avoid religious corruption. Worldly corruptions might consume the churches if sturdy fences against the wilderness were not maintained
Jeffersonian view: (strict separation of church and state to avoid governmental corruption): Church and state must be separated to safeguard secular interests “against ecclesiastical depredations and incursions).
Madisonian view: Ensure no religious or secular faction becomes too powerful to protect both religious and government interests. We must decentralize power among different religious and secular factions so that no single group or interest can dominate.
Sincerely Held Religious Beliefs
The government cannot question the truth or falsity of someone’s religious beliefs (Ballard). Courts may inquire into whether a religious belief is sincerely held, but a shared acceptance of a particular religious tenet is not necessary in order for the belief to be sincerely held.
United States v. Seeger
Facts: The statute governing the draft allows an exemption from military service for those who hold a belief in relation to a Supreme Being that excludes participation in a war. Daniel Seeger claims the exemption, but he admits he is skeptical about the existence of God.
Holding: Seeger may claim the religious exemption. Statutory exemptions for military service may be claimed by those for whom a given belief that is sincere and meaningful occupies a place in the life of its possessor parallel to that filled by orthodox belief in God.
United States v. Ballard
Facts: The leaders of the “I Am Movement” send out mailings claiming they can heal the sick and asking them for donations. They are prosecuted under a mail fraud statute. The trial court instructs the jury not to consider the validity of their religious beliefs, but only whether they are sincerely held. The appeals court reverses.
Holding: The trial court ruled properly by withholding the jury from all questions concerning the falsity or truth of religious beliefs
Black Letter Law: The religious clauses prohibit the government from inquiring into the truth or validity of someone’s religious beliefs.
Smith Test
A valid and neutral law of general applicability cannot be circumvented on the ground it interferes with someone’s religious beliefs or practices. (Smith). A neutral and generally applicable law need not survive strict scrutiny. For the purposes of the Smith test, a law is not generally applicable if it gives government officials discretion to grant exemptions. (Fulton). Three realms of successful FE claims are: (1) government animus against religious (if it’s primary purpose is to burden religion; (2) Interfering with choices as to clergy; and (3) denial of funding to religious entities.
Employment Division v. Smith→ Unemployment benefits denial is permissible
Facts: An Oregon law prohibits the knowing or intentional possession of a controlled substance without having it prescribed by a doctor. Two Native American individuals who use peyote as part of a Native American church ceremony are fired from their jobs. Their unemployment benefits application is rejected on the grounds that they were fired for employment - related conduct.
Fulton v. City of Philadelphia: City violates FE Clause by refusing to renew foster contract
Facts: Catholic social services is a foster care agency in Philadelphia that refuses to certify same-sex couples as foster parents. The agency refuses to renew the agency’s contract until it reverses its policy. The agency sues, arguing that the city violates the Free Exercise Clause
Holding: The commissioner has discretion to make exemptions to the policy therefore it is not neutral or generally applicable. Therefore the city policy must survive SS, and it does not because limiting the CSS agency to secure foster families will limit the number of foster families that are available for children as a whole.
Statutory Protection of Religious Freedom: RFFA
Declared unconstitutional as applied against state and local govs
Burwell v. Hobby Lobby: applies against the federal government and holds that it violates RFRA to compel private companies to provide insurance coverage for contraceptives against their religious beliefs.
