Law Test Number 2

Freedom of Religion

Which case was about a baker not wanting to design a cake for a gay couple?

Masterpiece Cakeshop v. Colorado Civil Rights

What did Masterpiece Cakeshop argue in his case?

With the first amendment: more specifically, the anti-discrimination act and the free exercise.

Why did cakeshop baker man loose the state case but not the supreme court?

Because the state law says he cannot discriminate but the supreme court decides it is up to freedom of religion

What are the two parts of the first amendment?

Establishment Clause and the Free exercise clause

What classifies as an establishment case?

Promoting religious or other beliefs

What classifies as a free exercise case?

Taking away your ability to do something

What court case states that it does not have to be major or true but if someone believes in something it falls under the freedom of religion clause?

United States v. Ballard

Which is the case where the Supreme Court unanimously decides that secular faith is good enough to get out of the draft? Has a belief but not in God; believes that death is wrong.

United States v. Seeger

Which case expands the court’s definition of freedom of religion to include philosophy?

Welsh v United States

What did Douglas write for the decision in United States v. Ballard? (Reasoning for court ruling)

What may seem bizarre to others is seen as faith by some

How did Chief Justice Stone dissent in United States v. Ballard?

The I AM movement is false, this movement is not protected anymore than polygamy is protected.

How did Robert Jackson dissent in United States v. Ballard?

They deserve First Amendment protection but want courts to go further. If they are that dumb, then who are we to stop them? He wants to keep government out of religion.

What case did the S.C. unanimously decide that this man deserves exemption because a strongly held belief and a belief does not have to be rooted in God, gave NO exemption if the belief is political/philosphical?

United States v. Seeger

How did Justice Hugo Black write the case of Welsh v. United States?

He can be an exception because we can’t trust him to understand what it means to have a religious belief.

What case allows for a man to not fight in Vietnam because of his moral beliefs?

Welsh v. United States

How did John Marshall dissent in Welsh v. United States?

When Congress wrote the law that said you did not have to fight if you believed in God, they only meant this exception if you believe in GOD.

How did Justice White dissent in Welsh v. United States?

Turns the case into an establishment issue because you cannot force people to believe in God.

What was the landmark decision where the Supreme Court ruled that you can believe whatever you want, but you cannot do whatever you want, the belief-act doctrine?

Renolds v. United States

Which case incorporated free exercise of religion to the states?

Cantwell v. Connecticut

What did the Supreme Court decide in the case Cantwell v. Connecticut?

Jehovah’s Witnesses have the first amendment right to share their religion under the free exercise clause

What was the first incorporation case ever?

Cantwell v. Conneticut

What case allowed students to be expelled because they would not salute the flag, and established that everyone must still salute the flag?

Minersville School District v. Gobitis

How did Harlow Stone dissent in Minersville School District v. Gobitis?

The state is punishing people for religious beliefs and agreed with the school district.

Why did the court rule to keep students saluting the flag in Minersville School District v. Gobitis?

The flag is a symbol of national unity; it is okay to accept this from citizens. The Supreme Court should stay out because it should be controlled by local school boards.

What case overturned Gobitis and ruled that students do not have to salute the flag if they do not want to or say the pledge?

West Virginia v. Barnette

How did Robert Jackson write the decision for West Virginia v. Barnette?

Stated that the Bill of rights’ purpose was to make sure some subjects don’t go into the political arena. There is freedom to differentiate, and we should not be allowed to determine political minority beliefs.

How did Frankfuter dissent in West Virgina v. Barnette?

The most persecuted minority is not likely to get the freedoms. As a Jew, he should not let his personal feelings cloud his judgment as a judge.

What case upholds the state law and denies the jew merchants the free exercise of religion? It relies on the Reynolds decision that you can believe whatever you want, but the state can still impose this law to keep it equal for everyone?

Braunfeld v. Brown

How did William Brennan dissent in Braunfeld v. Brown?

Might need a little more police, and it might be noisier, but 21/34 states already have exemptions of this kind, not just PA.

How did Potter Steward dissent in Braunfeld v. Brown?

Agrees with Brennan its’s a cruel choice to make Jews choose between religion and money.

What case asks the question of whether the state has an obligation to pay a woman because she won’t work on Saturdays due to religion? (yes)

Sherbert v. Verner