Constitutional Law: Protection of Individual Rights: First Amendment: Freedom of Religion
- First Amendment: Freedom of Religion
- Establishment Clause: Government may not pass laws which prefer or aid one religion over another.
- Lemon Test. In order for government regulation to be valid, it must pass a three part test (SEX test)
- (1) Primary purpose must be SECULAR and
- (2) Primary EFFECT must neither advance, nor inhibit religion and
- (3) Law must not foster EXCESSIVE government entanglement.
- General Principles:
- Government sponsored religious activity in public schools are unconstitutional:
- Required non-denominational prayer
- Daily bible reading
- Moment of silent voluntary prayer
- Student led prayer at football games and other school sponsored events.
- Government aid to religious schools for construction grants and salary supplements – unconstitutional at elementary and secondary level. Okay to universities.
- Government aid to parochial schools which cannot be used for religious purposes = constitutional and must be made available to public schools on the same terms.
- Government aid in form of health tests
- Bussing of children to parochial schools
- Loan of textbooks
- Local school district may provide government funds to religious schools for computers.
- Religious Ceremonies and Displays:
- Opening prayer: A state legislature may allow an opening prayer led by a state paid chaplain. Bust a state court judge may not have an opening prayer.
- Religious displays: Religious displays, which, taken as a whole, celebrate the holiday season will likely be upheld.
- TEST: Whether a reasonable observer would believe that government was endorsing a religious message. Look at the context in which the religious symbol is displayed.
- Free Exercise Clause: Religious beliefs are absolutely protected. However, conduct in furtherance of those beliefs may be regulated.
- A government regulation which burdens free exercise rights may not be religiously motivated.
- Purposeful interference vs. Incidental burden.
- Decide if there is purposeful interference. If there is apply strict scrutiny and law will be presumptively invalid.
- If law is generally applicable law which merely creates an incidental burden on an individual’s free exercise rights, the you DO NOT apply strict scrutiny. Use a balancing test similar to rational basis review and the law is generally upheld.