Article 3 Section 5 (Right to Religion)

No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil and political rights

Article 3 Section 5

Non-establishment clause, free exercise of religion

Clauses under Section 5

Non-establishment clause

violated b the enactment of laws that establish an official religion, whether those laws operate directly to coerce non-observing individuals or not

Free Exercise of Religion Clause

In order to show violation, person affected must show the coercive effect of the legislation as it operates against him in the practice of his religion

No one has the right to refuse to defend the country in time of war, refuse to pay taxes, invade the right of others

Freedom to act in accordance with such belief

must have secular legislative purpose, must have primary effect that neither advances nor inhibits religion, must not require excessive entanglement with recipient institutions

Requisites for government aid to be allowable

Religous test

one demanding the avowal or repudiation of certain religous beliefs before the performance of any act