Constitutional Law Religion Clauses Review

What does the First Amendment say about religion?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

How was religion defined by the Supreme Court around 1890?

Religion was defined as involving a belief in a Supreme Being.

What significant change occurred in the definition of religion by 1965 in United States v. Seeger?

The Court included beliefs that do not necessarily involve a theist, allowing for religions like Buddhism or Shinto.

What are the four criterion for qualifying as a religion?

1. Belief in a Supreme Being or central life focus; 2. A moral code beyond subjectivity; 3. Associational; 4. Sincerely held beliefs.

What did the Supreme Court rule in Brown v. Pena (1977) regarding belief in cat food?

Belief in Kozy Kitten cat food was not recognized as religion.

What is the Establishment Clause?

It prohibits the government from establishing a religion or showing preference for one religion over another.

What test did the Supreme Court create in Lemon v. Kurtzman (1971)?

The Lemon Test, which evaluates if government action has a secular purpose, promotes or inhibits religion, and creates excessive entanglement with religion.

What are the three prongs of the Lemon Test?

1. Purpose of the legislation must be secular; 2. Primary effect must not promote or inhibit religion; 3. It must not create excessive entanglement with religion.

What was the outcome of the Lemon test regarding teacher salaries in Lemon v. Kurtzman?

Funding for secular teacher salaries was found to create excessive entanglement, violating the Establishment Clause.

What does the Endorsement/Neutrality Test evaluate?

It assesses whether government actions endorse religion or maintain neutrality.

What did the Supreme Court rule in Kennedy v. Bremerton about a coach praying after a football game?

The Court ruled it was not a government act and his free exercise rights were violated, thus allowing the prayer.

What did Carson v. Makin determine about government funding for religious education?

The Court found that prohibiting money for private religious education violated the Free Exercise Clause.

What does the incorporation doctrine relate to the Establishment Clause?

It extends the Establishment Clause to state and local governments through the Fourteenth Amendment.

What was decided in Everson v. Board of Education of Ewing (1947)?

Reimbursement for transportation costs to private religious schools did not violate the Establishment Clause because the benefit was to parents, not the schools.

How did the Court rule regarding religious symbols on government property in County of Allegheny v. ACLU (1989)?

A Christmas tree and menorah outside the courthouse were seen as cultural symbols, but a nativity scene was considered a government endorsement of religion.

What was the Supreme Court's stance on tax exemptions for religious institutions in Walz v. Tax Commission of New York (1970)?

Tax exemptions for religious institutions were found to be neutral because similar exemptions applied to secular non-profits.

What case established the necessity for sincere religious beliefs to be respected in relation to government compulsion?

West Virginia v. Barnette (1942) established that individuals cannot be compelled to affirm beliefs contrary to their sincere religious principles.

What was the main ruling in Engel v. Vitale (1962)?

The Supreme Court outlawed teacher-led prayer in schools as a violation of the Establishment Clause.

What does strict scrutiny mean in the context of the Free Exercise Clause?

Strict scrutiny applies when the state must have a compelling reason for law enforcement that infringes on religious conduct.

What standard was applied in the case of Lukumi Babalu Aye v. Hialeah?

Strict scrutiny was applied, as the law was not of general applicability and failed to show a compelling objective.

What was the primary argument in Smith v. Employment Division (1990)?

The Court decided not to apply the strict scrutiny standard but looked for a legitimate state interest instead.