freedom of religion Flashcards
(19 cards)
What is the first right protected by the First Amendment?
Free Exercise Clause
What article of the Constitution
prohibits the government from
requiring any religious test to hold
public office?
Article VI
What does the Free Exercise Clause protect?
The right of individuals to worship or believe as they choose
How many U.S. Supreme Court cases about freedom of religion were heard between 1791 and 1940?
Five cases dealing with church-state relations
Is the Wall of Separation between church and state complete? Explain.
In the U.S., there is a wall of separation, but it is not complete. The government indirectly aids churches in many ways (churches don’t have to pay real estate taxes, even though they receive government services like police and fire protection).
Can the government legally help churches in any way?
Government services such as police and fire protection
What are the two tests used in establishment cases?
the Lemon and the endorsement tests
The government’s display of the Ten Commandments may or may not violate the Constitution, depending on the context. Explain.
Government displays of the Ten Commandments have led to Establishment Clause challenges. One side argues that these displays show the Judeo-Christian cultural heritage of the U.S. The other says the message is religious and violates the First Amendment by endorsing certain religions.
Are religious beliefs always protected? Explain.
Religious beliefs are protected, yet actions based on those beliefs may be restricted if they violate an important secular government interest.
Do the Establishment Clause and the Free Exercise Clause often conflict with each other? Explain.
Yes, while both aim to protect religious freedom, they do so in different ways, sometimes in conflict.
In Wisconsin v. Yoder, which opinion stated that education through age 16 is necessary for students to achieve economic self-reliance?
The dissenting opinion.
What was the Establishment Clause considered to establish, according to Thomas Jefferson?
A “wall of separation between church and state.”
Have the courts determined that school-sponsored prayer will always violate the First Amendment?
No, it depends on context and whether the prayer appears government-endorsed.
Is the free exercise clause always associated with religion?
Yes, it protects religious beliefs and practices.
What three-part test is used to determined if a law violated the Establishment Clause, and what does it say about the primary effect of the law?
The Lemon Test: Secular purpose, primary effect neither advances nor inhibits religions, no excessive government entanglement with religion
The second clause of the First Amendment is known as what clause?
The second clause of the First Amendment is also known as the Free Exercise Clause.
What does the endorsement test ask?
The endorsement test asks whether a government action endorses or disapproves of religion.
Does school-sponsored prayer violate the Establishment Clause?
Yes, if it suggests government endorsement of religion.
What part of the First Amendment permits animal sacrifice?
The Free Exercise Clause is part of the First Amendment, which permits animal sacrifice.
