Religion Flashcards
(5 cards)
Free Exercise of Religion
Right to believe and profess religious beliefs is, if not absolute, nearly absolute. Right to engage in religious conduct may be burdened by neutral, generally applicable law; in such cases, law subjet to rational basis scrutiny. If law not neutral but enacted because of religious practice or if law applicable only to persons engaged in a religious practice, then law subject to strict scrutiny.
Establishment of Religion
Where purpose or primary effect of law is to favor or disfavor a particular religion or denomination, law violates the Establishment Clause.
Lemon v. Kurtzman Test
Law assisting religion violates Establishment Clause if: 1) its sole or predominant purpose is to promote religion and it has no non-frivolous secular purpose; 2) if its primary effect is to promote religion; 3) it entangles governmental officials excessively with religious officials. Government must disprove all 3, if P proves that one exists, then whole test fails.
Coercion Test
Government must prove that law that assists religion violates the Establishment Clause only if it coerces belief in religion.
Endorsement Test
Government must prove that law that assists religion violates the Establishment Clause only if it endorses a belief in religion.
