Freedom of Religion Flashcards
FREE EXERCISE CLAUSE
The Free Exercise Clause prohibits government from punishing someone on the basis of their religious belief or related religious status or conduct
What Constitutes Religious Belief?
For First Amendment purposes, a religious belief includes the tenets of traditional religions, as well as beliefs that play a role in the life of believers similar to the role that religion plays in the life of traditional adherents.
Discriminatory Laws Subject to Strict Scrutiny
A law or other government conduct that discriminates on the basis of religion is subject to strict scrutiny. A law is discriminatory if it is either:
* Not neutral on its face (that is, the law expressly provides favored or disfavored treatment based on religious belief, conduct, or
status) or
* Facially neutral but not generally applicable (that is, the law is silent with regard to religion but, by design, it targets religion generally or a religion in particular)
Exception—Ministers
Religious organizations must be granted an exemption from suits alleging employment discrimination by ministers against their religious organizations. Imposing an unwanted minister would
violate the Free Exercise Clause, and allowing the government to determine who will minister within a faith also would violate the Establishment Clause.
Exception—Unemployment Compensation Cases
If a state’s unemployment regulations allow people to refuse work for “good cause,” then the state can’t refuse to grant unemployment benefits to people who quit their jobs for religious reasons
No Exclusion from Government Benefits Programs
Solely Because Organization Is Religious
A state may not limit eligibility for a generally available governmental benefit to nonreligious organizations.
ESTABLISHMENT CLAUSE
The Establishment Clause prohibits government sponsorship of religion, meaning the government cannot aid or formally establish a religion.
Types of Cases
The Establishment Clause cases can be grouped into four categories: (1) cases preferring one religious sect over others; (2) a limited group of cases unconnected to financial aid or education; (3) cases involving financial aid to religiously affiliated institutions; and (4) cases concerning religious activities in public schools.
