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Flashcards in Freedom of Religion Deck (5):

1st Amendment-Freedom of Religion Definition

The freedom of religion is a 1st amendment limitation on Congress's actions based upon the establishment and free exercises clauses. The 1st Amendment is applicable to the states through the 14th Amendment.


Establishment Clause

Prohibits the govt from establishing a religion or an official religion. The Establishment Clause also prohibits the government from supporting religion.


Sect Preference (Establishment Clause)

If govt action includes a preference for one religious sect over another, the law will be held invalid unless it is narrowly tailored to promote a compelling interest. (Strict Scrutiny)


Lemon Test (No sect preference)

If govt action doesn't involve sect preference, it will not violate the estblishment clause if it: (SEX)
1. Secular Purpose
2. Effect that is primarily not advancing or inhibiting religion
3. No excessive govt entanglement with religion.


Free Exercise Clause

The Free Exercise Clause bars any law that prohibits or seriously burdens the free exercise of religion. Except: A law of general applicability that does not intentionally burden religious beliefs and advances important public interests is allowable.