First Amendment: Freedom of Religion

Question 1

Two Clauses of Religion

Answer 1

Establishment Clause and Free Exercise Clause

Govt violates establishment clause if their primary purpose is to advance religion of if effects aid or prohibit religion

Question 2

Religion Definition

Answer 2

The court never defined what religion is. Will accept any type of assertion that a group is a religion.

Question 3

Belief Test

Answer 3

Determine whether a given belief is sincere and meaningfully occupies a place in the life of its possessor parallel to that filled by the orthodox belief in God (spiritual, ethical, or moral beliefs that are sincere)
Can’t determine if beliefs are true/false. Only sincere.
Dominant view in a faith are not determinative

Question 4

Free Exercise clause

Answer 4

1. Freedom to believe- absolute constitutional protections against govt regulation of beliefs
2. Freedom to Act- qualified protection against regulation of religiously motivated conduct

Question 5

3 main situtation where FEC arises

Answer 5

1. When govt prohibits behavior that a person’s religion requires
2. When govt requires conduct that a person’s religion prohibits
3. When individuals claim that laws burden observances

Question 6

Neutral and General applicability

Answer 6

Rational Basis test used when laws are created that are neutral and have general applicability.
Neutral and generally applicable laws are invalid when they infringe upon additional rights as well.
These laws need not be justified by a compelling by a compelling govt interest, even if it has the incidental effect of burdening a particular religious practice

Question 7

3 theories for establishment clause application

Answer 7

1. Strict separation (Jeffersonian)= religion corrupts politics
2. Netrality Theory/ Symbolic Endorsement Test: govt must be neutral; can’t favor one religion over another, religion over religion, or vice versa.
   - Govt violates EC if it symbolically endorses a particular religion or generally endorses religion over non religion
3. Accomodation Theory: religion is important and must be accommodated. Establishment clause is only violated if a govt establishes a single church or compels people to follow a particular religion.

Question 8

Lemon Test

Answer 8

If denominational preference is claimed to exist, the initial inquiry is whether the law facially differientiates among religion. If so, then govt must meet SS, if not, then use the lemon test.

1) Is there a secular legislative purpose? ( 10 commandements in school, a minute of silence for prayer and mandatory creationism classes are uncon. Sunday closing laws are con,)
2. The principal/primary effect of the law must not advance nor inhibt religion
3. The law must not foster an excessive govt entanglement with religion

Question 9

Religious Groups access to school facilities

Answer 9

Policies preventing student groups from using school facilities for worship is uncon. b/c college created a public forum and exclusion was content based. (SS)
Allowing worship doesn’t violate EC, per lemon test b/c they are open to all students, serves a secular purpose and its effect doesn’t advance religion nor is it seen as a symbolic endorsement or excessive entanglement
Avoiding violation of EC isn’t a compelling govt interest

Question 10

Student religious groups and govt funding

Answer 10

Funds can’t be precluded to religious student groups that others recieved.
Doesn’t violate EC if the fund program is neutral toward religion

Question 11

Student Prayers

Answer 11

Prayers at the beginning of football games violated EC.

would appear that the school favors religion or symbolically endorses it

Question 12

Relgious symbols on govt property

Answer 12

10 commandments display is uncon when the text stands alone, isn’t related to a secular theme, there’s no disclaimer, and the focus is on religious passages
Non uncon when there is a sign indicating who erected it, it conveys a secular message, and it doesn’t stand alone

Question 13

Religion as part of govt activity

Answer 13

Students allowed to be released for religious instruction only if the instruction occurs off site
Clergy led prayers at graduation, instructor led prayer in classroom, and govt mandated silent prayer are all uncon b/c they contain a form of coercion where students dont feel they can leave. “Silent reflections” and student led prayers at graduation are questionable
It is uncon for states to forbid the teaching of evolution and teach creationism in schools
It is constitutional for states to employ ministers to begin legislative sessions with prayer

Question 14

Govt Aid to Religion

Answer 14

(Mitchell, plurality opinion 4-2-3) Concurring opinion says aid to parochial schools is permissible so long as it is not actually used for religious purposes. Dissent says uncon. Plurality says aid is fine as long as it doesn’t discriminate against religions

Tax exemption to religious orgs are uncon if they benefit only religion. Must benefit other groups along with religion (charitable and educational institutions are okay)

Question 15

Three Criteria for aid to parochial schools

Answer 15

1. Aid must be available to all students enrolled in public and parochial schools (aid to only parochial is invalid)
2. Aid more likely permitted if given directly to students than to the schools
3. Aid will be permitted if not actually used for religious instructions.

Question 16

examples of govt funding parochial schools

Answer 16

govt can provide buses to and from parochial schools but not for field trips. Can pay for standardized testing but not for essay exams assessing writing.
States can provide reimbursement to parents for the direct costs of bus transportation.
Can’t pay teachers salary
Public teachers can’t provide parochial school with religious instruction
States may not grant religious schools (cash or in kind) b/c aid canot go directly to religious schools
Reimbursements for schools that went directly to parents in uncon b/c not available to public schools and primary effects advance religion

Question 17

Aid to religious colleges and Universities

Answer 17

Court more lenient in these circumstanes
(Tilton) Religious colleges recieving federal money for construction of facilities not used for religious instruction is con. Lemon test: non advancing religion b/c purpose was to accomodate students. No excessive entanglement
State program providing vocational rehab to physically disabled students at a religious school is con. Effects and purpose doesn’t advance religion

Question 18

Aid to other religious Institutions

Answer 18

(Bowen) Federal law providing grants to orgs that counsel and care for pregnant adolescents and their parents is Con. Law specifically authorized receipt of grant to religious and non religious orgs, but prohibited use of $ for family planning, abortion, or abortion counseling

Question 19

Free Speech/ Freedom of Speech overlap

Answer 19

(Capitol Square & Pinnette) Uncon for states to preclude KKK from erecting a large latin cross in a park across from state building. Violates free speech rights, plus allow it would not violate EC b/c not a symbolic endorsement. There is a sign disclaiming gov’t sponsorship or endorsement

(Rosenburger) Denying funds to religious student groups b/c they published strictly religious magazines is content based discrimination. Further, providing funds dont violate EC b/c the fund program is neutral and supplies funds to all student orgs