Helix BBQ: Const. Law-First Amendment: The Religion Clauses with Explanations

Which of the following statements regarding the religion clauses of the First Amendment is correct?

C.Requiring a government official to take a simple oath that she “believes in God” would violate the free exercise clause.

Solution: The correct answer is C.

Answer option C is correct. Requiring a government official to take an oath that she “believes in God” would violate both the First Amendment’s free exercise clause and Article VI, cl. 3.

Are displays of religious symbols on public land generally permitted under the establishment clause?

A.Yes, so long as religion is not favored.

Solution: The correct answer is A.

Answer option A is correct. Public displays have been upheld, even when they include religious symbols, so long as religion is not favored.

Which of the following describes the “ministerial exception” in the context of the free exercise clause?

A.Religious institutions may be exempt from neutral laws that would infringe on their First Amendment rights.

Solution: The correct answer is A.

Answer option A is correct. Even when a law is neutral and of general applicability, religious institutions may be exempt. Per this “ministerial exception,” the Supreme Court has held that schoolteachers at religiously affiliated schools cannot assert claims under antidiscrimination statutes such as the Americans with Disabilities Act or the Age Discrimination in Employment Act because it would infringe the religious institution’s First Amendment rights. Although the employee’s role must have a connection to the religious mission, the employee need not have a formal role as a minister or religious equivalent. The ministerial exception has not been applied outside of the antidiscrimination law context.

A state passes a law that is neutral on its face but affects religious practice.

If the law is challenged on First Amendment grounds, what standard of review will apply?

D.Rational basis.

Solution: The correct answer is D.

Answer option D is correct. When the government enacts a neutral law of general applicability but that has an effect on religious practice, the law is subject to mere rational basis review. This means that the law will be upheld if it serves a legitimate state interest and there is a rational connection between the law’s means and its goals.