When do church and state collide unconstitutionally? Religion Flashcards
(20 cards)
Religion in the Constitution?
1A “Congress shall make no law … respecting an establishment of religion (Establishment Clause) or prohibiting the free exercise thereof (Free Exercise Clause).
What does the Establishment Clause of the First Amendment prohibit?
Government from creating, preferring, or supporting a religion.
What must exist before an Establishment Clause claim can be made?
State Action.
What are things definitely prohibited by Everson v. Board of Education?
Prefer church, compel/preclude church attendance, punish for belief, tax to support religion, or entangle with religious operations.
What was the Lemon Test (now disfavored)?
1) Secular Purpose, 2) No advancement/inhibition of religion, 3) No excessive entanglement.
When does Non-Neutrality toward religion fail?
When government actions favor or endorse one religion over others (ex: McCreary Co. v. ACLU).
What cases show endorsement of religion is unconstitutional?
Wallace v. Jaffree (silent prayer) and County of Allegheny (solo nativity scene).
What is religious coercion, and give examples?
Pressure on individuals (especially students) to participate in religion; fails in Engel, Lee v. Weisman, and Santa Fe School v. Doe.
How does Tradition/History impact Establishment Clause cases today?
Long-standing traditions often pass constitutional muster (ex: Town of Greece, Van Orden, American Legion).
What replaced the Lemon Test according to Kennedy v. Bremerton School Dist., 2022?
A history and tradition analysis.
When is government support of religious schools constitutional?
When the support is neutral, not directed specifically to religious institutions (ex: Everson, Zelman).
What is the Ministerial Exception?
Religious institutions are exempt from employment suits for employees performing religious functions (Hosanna-Tabor, Our Lady of Guadalupe).
What does the Free Exercise Clause protect?
Religious beliefs absolutely and conduct subject to limits.
What is the Smith Test (Employment Division v. Smith)?
A law is valid if it is generally applicable and neutral toward religion.
What happens if a law fails the Smith Test?
Apply strict scrutiny: compelling interest + narrowly tailored means.
Name cases where strict scrutiny applied after failing Smith Test.
ulton v. PA (Catholic Services), Tandon v. Newsome (COVID restrictions), Carson v. Makin (Maine tuition).
What illustrates a law that passes Smith?
Employment Div. v. Smith – Peyote use ban upheld because neutral and generally applicable.
What shows religious animus failing Smith Test?
Church of Lukumi Babalu v. Hialeah – ban on animal sacrifice targeting Santeria.
What is “Play in the Joints”?
Tension between Establishment Clause and Free Exercise Clause.
