religion and law concepts

establishment clause

prevents government from establishing, sponsoring, or favoring religion

free exercise clause

protects individuals rights to practice their religion

equal protection clause

requires government to treat people equally under the law

freedom of the conscience

government should not control a person’s religious or moral beliefs

factions

groups with shared interests or beliefs that compete for political influence

positivie dogma

belief in god, the afterlife, justice, punishment of the wicked, and the sanctity of law

negative dogma

intolerance - religious society cannot functioon if people believe others have no right to exist

laicite

french secularism emphasizing religions separation from public government institutions

the stasi commission

french commission that recommended banning overt religious symbols in public schools

cuius, regio, eius religio

“whose realm, his religion” - the rulers religion determines the religion of territory

lemon test

secular purpose, no primary advancement or inhibition of religion, and no excessive entanglement

sherbert test

asks whether religious exercise is burdened, compelling state interest, and whether the least restrictive means is used

endorsement test

asks whether a reasonable person would view governemnt action as endorsing religion

historical hallmarks test

historical practices and traditions for evaluating government action involving religion

stephanie barclay

historical hallmarks test

madeline murray o’hair

activist who opposed government-sponsored religious practices, including school prayer and bible reading

ceremonial deism

government religious references were viewed as ceremonial rather than religious endorsement

examples of ceremonial deism

“in god we trust” and “one nation under god”

old librerism

freedom from government interference, especially in religious conscience

new liberalism

actual effects of government action, including unequal burdens on minorities

two kingdons theory

god governs conscience while government regulates outward actions

civil religion

shared civic belief and values that help unite citizens despite religious differences

idoltary

idea that humans can make an idol out of almost anything

tyrany

concentrated power in one person or group

who is tied with “god alone is lord of the conscience”

james madison

“god alone is lord of the conscience”

government does not have ultimate authority over religious conscience

intolerance

rejecting people or beliefs of religious differences

mormons/lds

members of a religious movement that practiced plural marriage during the period of reynolds

polygamy

marriage involving more than one spouse

who wrote the letter to the danbury baptists

thomas jefferson

letter to the danbury baptists

wall of separation between church and state

slippery slope

one exception could lead to move extreme consequences

stare decisis

the principle of following judicial precedent

amicus curiae

“friend of the court” - who provides information or arguments without being a party to the case

anti-sodomy laws

laws criminalizing certain sexual conduct, including those challenged in bowers

seventh-day adventist

member of religion that observes saturday as the sabbath

neutral law of general applicability

law that applies to everyone and does not specifically target religion

substantive neutrality

looks at the impact of the action and considers disparities in a non-neutral world

formal neutrality

everyone is treated the same under the law

RFRA

restored stronger protection for religious exercise against federal laws

baby RFRA

protects people/groups from state/local government actions that substantially burden their religious practices

RLUIPA

religious land use and institutionalized persons act

us conference of catholic bishops

religious freedom is a fundamental right

accommodation

allowing an exception or adjustment for religious practice

rhetorical dance

the debate over whether religious freedom requires special exemptions from otherwise neutral laws