7) 1Am - Religion Flashcards Preview

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Flashcards in 7) 1Am - Religion Deck (24)
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1
Q

1Am re religion: 2 clauses

A

1) establishment clause

2) free exercise clause

2
Q

1A relig: scope

A
applies to feds
AND states (14 DPC)
3
Q

establishment clause: rule

A

“Congress shall make no law respecting an establishment of religion”

4
Q

free exercise clause: reul

A

“Congress shall make no law…prohibiting the free exercise thereof (of relig)

5
Q

establishment clause: 2 tests

A

1) if gvt is preferring one (or all) religions over another (or none) –> STRICT SCRUTINY
2) if neutral on it’s face –> PEEL

6
Q

establishment clause: PEEL test

A

1) purpose: must be secular
2) effect: primary purpose or effect must not be to advance or inhibit relig
3) entanglement: must not foster excessive gvt/relig entanglement
4) Lemon (case name)

7
Q

relig in schools: exs of UNCONST

A

1) moment of silence (prayer hx)
2) post 10 commandments in classroom
3) HS grad prayers
4) student led, studnet chosen prayer at HS footballg ame

8
Q

relig in schools: school prayer

A

per se unconst

9
Q

relig in schools: ex ok

A

religious club holding meetings in public school

10
Q

relig in schools: curriculum

A
  • -can’t teach relig doctrine as truth
  • -can’t prohibit teaching evolution
  • -ok teach about different religs (just not “truth”)
11
Q

relig in public life: exs ok

A

1) include creche in xmas display (secular)
2) display cross in park where many other displays
3) display 10 coms w other monuments
4) sunday closing laws (secular purpose: day of rest)

12
Q

relig in public life: exs UNCONST

A

1) 10 coms on wall of courthouse (no secular purpose)

2) delegation of authority to religious orgs

13
Q

delegation of authority to religious orgs?

A

unconst

14
Q

tax deductions for religious orgs?

A

ok if neutral

NOT ok if just religion exempt

15
Q

gvt aid to religious schools: ok provide $ to both private and public schools for:

A

1) bus
2) secular textbooks
3) standardized tests
4) school lunches
5) lirary, media, computers
6) deaf interpreter

16
Q

gvt aid to relig schools: UNCONST (+exception)

A

1) fund religious instruction
2) secular teachers in religious schools at secondary level
exception: ok at university level (professional norms: no teach doctrine)

17
Q

gvt aid to religious schools: tax deducitons

A

ok if for actual school ependitures, even if most using for relig schools

18
Q

gvt aid to religious schools: vouchers

A

ok bc parents make choice of where to send child

19
Q

providing public services through religious institutions?

A

ok if treat them neutrally

20
Q

free exercise clause: tests

A

1) beliefs: absolutely protected (gvt can’t deny benefits or impose burdens)
2) conduct: Smith test

21
Q

FEC: beliefs: exception

A

ok inquire into sincerity of claim of belief (but not truth or falsity)

22
Q

FEC: Smith test (+ exception)

A

where indiv’s conduct is motivated by relig beliefs:

1) state MAY regulate or prohibit activity IF
2) regulation is neutral wrt religion AND
3) is of general applicability

excpetion: gvt is targeting religion (no neutrality–pretext)

23
Q

FEC: conduct: exs OK to restrict

A

restrictions on:

1) polygamy
2) airforce headgear
3) Amish employer must pay SS tax

24
Q

FEC: conuct: exs UNCONST to restrict (+ posture note)

A

these were old cases expressly not overruled by Smith – now spl rules

1) sabbath observance still must be eligible for EDD
2) Amish HS: parents exempt from compulsory edu