Pg 46

Question 1

What is the free exercise of religion clause?

Answer 1

The government cannot prohibit the free exercise of religion. This means that Congress cannot enact laws regarding the establishment of religion or prohibiting the free exercise of it. The government cannot stop religions practices, or someone’s freedom to have religious beliefs and opinions. The government cannot deny benefits or impose burdens on people because of their religious beliefs

Question 2

What is the difference between a direct burden and an indirect burden under the free exercise of religion clause?

Answer 2

• Direct: laws that make religious practises unlawful
  – indirect: laws that compel individuals to perform an act that is undeniably at odds with a fundamental tenant of their religious beliefs. I.e.: law denied unemployment benefits to seventh Day Adventists who refused to work on Saturday was considered to be a coercive effect because it imposed a significant burden on religious liberty. The government would have had to show a compelling state interest and that no alternate form of regulation would suffice, and that did not occur here.

Question 3

How do you discuss the free exercise of religion clause on an essay?

Answer 3

– is the law a significant burden on the free exercise of religion clause? What is the severity of the burden?
– What is the extent that the belief was freely held and the importance of the belief to the religion?

Question 4

Under the free exercise of religion clause, the freedom to BELIEVE is absolute, but the freedom to ACT is what?

Answer 4

That is not absolute

Question 5

Can there be a law against polygamy under the free exercise of religion clause?

Answer 5

Yes, because laws cannot interfere with mere religious beliefs and opinions, but they can interfere with practises

Question 6

If someone is required by the government to engage in conduct that violates his religious beliefs, where can he find protection?

Answer 6

Under the free exercise of religion clause

Question 7

Can a claimant get relief under the free exercise of religion clause even if he is not a member of an organized religion or sect?

Answer 7

Yes -

All that is necessary is a sincerely held religious belief

Question 8

When will the court uphold a religious liberty for someone that is prohibited by the government?

Answer 8

The court balances the secular interest of the government against the claim of religious liberty asserted by the person affected. Only if the government interest was “compelling“ and if there was no alternate form of the regulation to serve that interest with the claimant be required to yield

Question 9

If a government tax uses a religious class or gives denominational preference, what happens?

Answer 9

It is held to be invalid

Question 10

Must people comply with valid and neutral laws even if they prescribe or proscribe conduct that an individual’s religion prohibits or insists on?

Answer 10

Yes. If prohibiting the exercise of religion was just the incidental effects of a generally applicable and otherwise valid provision, it is OK.

Ie: native employee fired for ingesting peyote as part of a religious rite and then the government said he was validly denied unemployment since peyote is a criminalized drug and an appointment is not given for work -related misconduct. This law was religiously neutral and valid.

Question 11

If a state law of general application that has an incidental burden on the practice of religion is implemented, what test must be met for it to be upheld?

Answer 11

The rational basis test. All that is required is a legitimate government interest

Question 12

If a church is trying to hold a bingo and the law prohibits gambling, what would the church have to do to get this overturned?

Answer 12

Show that no reasonable legislature would believe the application of the statute against the church could be helpful in controlling illegal gambling

Question 13

What are things that the government cannot do under the free exercise of religion clause?

Answer 13

– Compel affirmation of religious belief
– punish expression of religious doctrines that it believes are false
– impose special disabilities on the basis of religious views or status
– lend its opinion to one or the other side in controversies over religious authority or dogma

Question 14

Just because something is a significant burden on religious liberty, does that absolutely result in invalidation of the law?

Answer 14

No. I.e.: if the federal government refuses to exempt an Amish employer from paying Social Security, even though it is a significant burden to his religious beliefs, this is OK because it is essential to accomplish an overriding government interest

Question 15

Are churches allowed to choose their own ministers under the free exercise of religion clause?

Answer 15

Yes

Question 16

Is it OK to fire a police officer for wearing a gold earring that is part of his religion since this is against the officer dress code?

Answer 16

Yes, because the interest of police in maintaining a uniform appearance outweighs any individual interest in their appearance. The department cannot discharge someone based on their beliefs, but they can fire them for conduct.

Question 17

Is it permissible for a state to deny someone a college scholarship if they are studying theology?

Answer 17

Yes

Question 18

What are the two areas that you can seek an exemption for when there is a law that prohibits someone’s sincerely held religious belief?

Answer 18

• unemployment eligibility requirements

– compulsory school attendance for the Amish

Question 19

What must you show in order to get an exemption from a law because of your sincerely held religious beliefs?

Answer 19

– That the law interfered with your practice of your religion by requiring you to engage in something or refrain from doing something that violated your religion
– then the government must show that giving an exemption interferes with the government interest that is compelling.
- If the court decides that the regulation was tailored to promote an end that was important enough to override the burden on the free exercise of religion by people that could not comply with the law, then this has been met.

Question 20

What are some examples for things that courts do not give exemptions for under the free exercise of religion clause?

Answer 20

– Destruction of forest and Indian burial lands
– military service people wearing religious symbols with their uniform while on duty
– Mormons to practice polygamy
– use peyote for religious ceremonies
– Amish employers to not pay Social Security

The court found in all of these cases that the burden on the members of the religious group was not significant.

Question 21

Anytime the government denies an exemption under the free exercise of religion clause, what must the government show?

Answer 21

That they were using the least restrictive means to promote a compelling interest.

Question 22

Is it possible for the government to require someone to get a vaccine even though it violates their individual religious beliefs?

Answer 22

Yes, because a compulsory vaccine program protects health. Ie: vaccine requirements to enter school

Question 23

If a person is a minor and they object to medical treatments because of religion, or the person is mentally incompetent, what will happen?

Answer 23

The court will order them to get treatment.

Question 24

Under what circumstances are Sunday closing laws upheld?

Answer 24

If they are touted as a day of rest which is a legitimate government goal that involves purely economic legislation. They are upheld if it is arguable that it is related to a legitimate state end for health and welfare

Question 25

Is it permissible for the government to inquire into whether or not a person is faking their religious beliefs?

Answer 25

No