Jews, Christians, and Muslims, Law Exam 2

Holt Vs. Hobbs

No beards exceeding ¼ inch, prisoner asks for ½,

Court rules in favor of prisoner getting a beard

Reynolds Vs. United States

Man says that having multiple wives is his religious duty.

Court rules that he can believe that but he can’t act on in.

Everson Vs. Board of Education

State of New Jersey was giving reimbursement to Catholic kids riding the bus.

Court ruled that the funding did not violate the Establishment clause, just barely.

Engel Vs. Vitale

School wanted to start off each morning with a mandatory prayer.

Court ruled that it was unconstitutional to have prayers even if they were non-denominational.

WV Vs. Barnette

Jehovah’s witnesses didn’t want to do the pledge of allegiance.

Court ruled that it is unconstitutional to force students to do the pledge.

Lee Vs. Weisman

Rabbi said a prayer at the end of a middle school grad. School argued that it was okay since graduation isn’t “Mandatory”

Court ruled it violated the establishment clause, “Coercion”.

Marsh Vs. Chambers

Nebraska paid people to lead prayer in legislative meetings.

Court ruled it was okay because the founding fathers used to do the same thing.

What is Fiqh?

It is the reason behind Sharia(Islamic Law). Fiqh is created from studying the Qur’an and Hadith.

What are the three prongs of the lemon test?

1) Is there a secular purpose for this law/rule?

2) The primary effect of this law must neither enhance or inhibit religion.

3) This law must not create excessive entanglement with government and religion.

Separationalism

Ideal of strict separation between law and religion in USA.

Accomodationalism

Ideal that government may support religion as long as it doesn’t support one over another.

Where is the idea of separation of church and state found?

Only in letters written by Thomas Jefferson. We don’t see it in the constitution until the Bill of Rights gets added.

1st amendment (Religion)

Establishment clause (National Gov’t can’t establish a religion)

Free Exercise clause (National Gov’t can’t stop you from practicing your religion)

14th Amendment

All of the previous amendments (Especially the 1st in our case) also apply at the state level.

RFRA(1993)

Law made to stop Gov’t from restricting religion any further.

RLUIPA(2000)

Gives religious freedoms to those in prison as well as securing rights for religious buildings owners. EX: Gov’t can’t seize your church without a really good reason.

Halakhah

The name for Jewish Law.

Yom Kippur

A day of fasting for Jews who are seeking to atone for their sins. Holiest day of their year.

Orthodox Jews

Less about belief and more about tradition. Strictly follows Jewish law.

Conservative Jews

Moderate, they balance tradition and modernity. Allows for some interpretation of their Bible. 

Reform Jews

Jewish Law isn’t really binding for them, more so guiding. Often rituals done in modern language.

Cutter Vs. Wilkinson

Inmates practicing small religions (satanism, Native American religions) argued that the prison didn’t allow them to practice their religion.

The court ruled that it was against the free exercise clause and RLUIPA to not let them practice.

Smith Vs. Employment Division

Native American Church goer who took Peyote (Illegal Drug) as a religious practice.

Court ruled since he broke a law with general applicability that he was still guilty.

Islamic Consent to Marriage

Women need a guardian (usually her dad) to consent to her marriage for them. Islamic marriage must also be made public.

Is Sharia Static?

No, it keeps changing. EX: Can you be married over zoom?

Federalists

Didn’t want a religious Government

Anti-Federalists

Wanted a religious Government.