Religion and Law

Establishment Clause

Bars the government from establishing an official religion or favoring one religion over another.

Free Exercise Clause

The liberty to reach, hold, practice, and change beliefs freely/The right to believe in whichever religion you choose

Equal Protection Clause

Mandates that individuals in similar situations be treated equally under the law

Freedom of Conscience

The freedom of an individual to act upon their moral beliefs

Laicite

The constitutional principle of secularism in France/The separation of civil society and religious society

The Stasi Commission

The commission set up to reflect on the application of Laicite. Ruled that hijab was not allowed as it opposed the mainstream French culture and promoted sexism.

Cuius regio, eius religio

The religion of the king is the religion of the people.

The Lemon Test

Three pronged test:

Purpose- statute must have a secular legislative purpose

Effect- principle or primary effect of the statute must neither advance nor inhibit religion

Entanglement- The statute must not result in an “excessive government entanglement” with religion

The Sherbert Test

Has the government burdened the individual’s Free Exercise of religion?

If so, can the government provide a “compelling state interest”?

If so, did it apply the “least restrictive means” to achieving that end?

Endorsement Test

Asks whether a reasonable observer would perceive government action as endorsing or disapproving of religion, thus violating the Establishment Clause

Madeline Murray O’Hare

Opposed to religion in government and public schools; was absolutely hated by many Americans

Ceremonial Deism

Recognition of History without prioritizing one religion

Old Liberalism

Prioritizes individual freedom and limited government

Historical Hallmarks Test

Mandatory attendance at religious service

Tax payer support of religious institutions

Restrictions on dissenting in worship

Requiring religious tests to hold office

Using a church to carry out governmental operations

New Liberalism

Retains liberal ideals but supports a more active state to address social and economic conditions that can restrict people’s autonomy and opportunities

Two Kingdoms Theory

There is a political kingdom and a religious kingdom that control the two spheres separately

Civil Religion

The implicit religious values of a nation, as expressed through public rituals, symbols, and ceremonies on sacred days and at sacred places

Morill Act (1862)

Suppression of bigamy

Letter to the Danbury Baptists

A letter in which Thomas Jefferson described the First Amendment’s protection of religious freedom as a “wall of separation between Church and State”

Professor Lieber

Cited by Justice Waite; Monogamy about “mutual reverence” while polygamy is about sex and “men’s selfish desire”

Stare decisis

Directs courts to adhere to precedent when making new judgments

Amicus Curiae

Friend of the Court (second opinion)

Seventh Day Adventist

Believe that the Sabbath should be taken on Saturday

Neutral Law of General Applicability

Applies broadly and is enforced equally, without targeting religion; generally does not need to provide religious exemptions

Substantive Neutrality

Honoring the obligations inherent in neutral status, including abstaining from hostilities and military assistance; a state cannot claim neutrality while selectively opting out of those duties

Formal Neutrality

Treats religious beliefs equally in principle, but assigns different roles to the state than laicite

RFRA (1993)

Religious Freedom Restoration Act; Overturns Smith and returns to the compelling interest test

US Conference of Catholic Bishops

Says that religious freedom is the fundamental and sweeping Constitutional right

Engle v. Vitale (1962)

Ruled that it is unconstitutional for state officials to compose and official school prayer and encourage its recitation in schools.

Lynch v. Donnelly (1984)

Challenged a creche (manger) in a city-sponsored Christmas decoration on the basis that the display was being funded by secular tax dollars.

Stone v. Graham (1980)

Ruled that the posting of a copy of the Ten Commandments on the wall of all public classrooms in a state was unconstitutional (violation of the Establishment Clause)

Reynolds v. US (1878)

Ruled that religious exemptions were not enough to override a federal criminal indictment (polyamory’s illegality is more important than its place in Mormonism)

Bowers v. Hardwick (1986)

Upheld a Georgia sodomy law criminalizing oral and anal sex in private between two consenting adults (aka don’t do gay stuff)

Sherbert v. Verner (1963)

Held that the government had to provide a compelling state interest in order to override or deny someone’s Free Exercise rights (Led to the Sherbert Test)

US v. Lee

Amish business didn’t want to pay taxes because the US government’s wars go against their religion; Ruled that the government has a vested interest in taxes that overrules their Free Exercise Rights

Employment Division v. Smith (1990)

Held that the state could deny unemployment benefits over use of illegal drugs, even if they were used in religious ceremonies (universally hated)(later overturned by RFRA)

Gobitis v. Minersville (1940)

Ruled that public schools could compel students to salute the American Flag and recite the Pledge of Allegiance despite religious objections (later overruled)

Boerne v. Flores (1997)

Ruled that RFRA can’t apply to states/municipalities (Congress can’t expand religious freedom beyond the Supreme Court except in Federal Law); Led to RLUIPA and “Baby RFRAs”