1st Amendment Religion

Question 1

Free Exercise Clause

Answer 1

The 1st Amendment Free Exercise clause prohibits the government from limiting or interfering with religious practice/beliefs.

Question 2

Free Exercise Clause/Strict Scrutiny

Answer 2

A strict scrutiny standard is used when free exercise of religion is at issue. Under strict scrutiny, the government must show the law is necessary to achieve a compelling government interest, and there are no less restrictive means.

Question 3

Establishment Clause

Answer 3

The 1st Amendment Establishment Clause prohibits the government from discriminating against a specific religion.

Question 4

Establishment Clause/Strict Scrutiny

Answer 4

A strict scrutiny standard is used when a sect preference is at issue. Under strict scrutiny, the government must show the law is necessary to achieve a compelling government interest, and there are no less restrictive means.

Question 5

Establishment Clause/Lemon Test

Answer 5

The Lemon Test is used when a law or governmental program restricts or burdens religion without discriminating against a specific religion. To be valid a law or governmental program, must have a secular purpose, have a primary effect that neither advances nor inhibits religion, and not produce excessive government entanglement with religion.

Question 6

Establishment Clause/Primary Effect Define

Answer 6

Primary effect that advances religion includes governmental indoctrination of religion or defines its recipients by reference to religion.

Question 7

Establishment Clause/Excessive Entanglement Define

Answer 7

Excessive entanglement includes detail monitoring by the government.