Establishment and Free Exercise Clauses Flashcards Preview

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Flashcards in Establishment and Free Exercise Clauses Deck (10)
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1

Establishment Clause

Prohibits gov't from prefering one religion or over another

 

Where a government program prefers one religion or religious sect over others, strict scrutiny analysis will be applied 

2

When is the Lemon Test used?

Where the legislation or government program contains no religious or sect preference

3

What are the elements of the Lemon Test?

  1. the statute must have a secular legislative purpose;
  2. the principal or primary effect or purpose must neither advance nor inhibit religion; and

  3. the statute must not foster an excessive government entanglement with religion. 

4

  Religious Activities Conducted at Public Schools: 

religious activities conducted in public schools violate the Establishment Clause because their primary purpose is to promote religion 

5

Public School Curriculum: 

Anti-evolution laws prohibiting the teaching of Darwinian principles in public schools are unconstitutional 

6

tax deductions for Religious institutions:

SCOTUS has upheld the validity of a property tax exemption for religious institutions as the equivalent of exempting other charitable organizations 

 

*however, an exemption from sales and use taxes available only for the sale of religious magazines and books violates the Establishment Clause as an endorsement of religion. 

7

Government Aid to Religious Schools

  • Providing bus fare for both public and private (including some religious) schools has been found to be constitutional
  • State can provide money to both private and public schools for:
    • secular textbooks
    • standardized tests
    • lunch
    • library, media materials, and computers
    • interpreters for deaf students

8

Free Exercise Clause

  • A person’s religious beliefs are absolutely protected.

  • The government may not punish an individual by denying benefits or imposing burdens based on religious belief. 

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