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30 Cards in this Set
- Front
- Back
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Accommodation
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The religion by aid or ban
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Agostini Test
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Modified Lemon by disallowing Indoctrination of religions and having recipients defined by religion
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Child-Benefit theory
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When aiding religious occasions, the cause must be for the children and not the religion
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Coercion Test
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Bars policy from coercing people into a religion
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Endorsement Test
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Policy invoking "insider" v. "outsider" emotions
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Establishment Clause
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To neither establish a religion nor prohibit the exercise of
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Everson v. BOE (1947)
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Allowed public funds to bus transportation to private schools
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Faith-based exemption
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To be exempt from common law due to religious beliefs
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Free Exercise Clause
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To constitutionally protect the exercise of religion
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Lemon Test
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(a) Secular purpose (b) Primary effect is neutral (c) ~excessive entanglement
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Released time
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Giving students of public education to opt-in/out of religious events
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Religious Freedom Restoration Act
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Restricting congresses powers to restrict religion (Article IV)
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Religious Land Use and Institutionalized Persons Act
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Using religious land: (A) Compelling government interest (B) Least restrictive means of doing so
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Religious test
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A test of religion for public officials (not legal)
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Separation
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Freedom from religion as opposed to of religion (accommodation)
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Shared time
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Banned, using public school teachers in private schools. (1) Might succumb to surroundings (2) Symbolic union of church and state
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Thomas v. Review Board (1981)
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Religion is defined by the believers perspective
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US v. Ballard (1944)
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The courts may inquire the validly of ones belief though they may not test it
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US v. Seeger (1965)
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The 1st case to attempt to broaden the definition of religion
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McCollum v. BOE (1948)
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Allowed release-time practice in schools
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Zorach v. Clauson (1952)
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Enhanced the McCollum v BOE case, ensured religious activity occurred off-campus
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Engle v. Vitale (1962)
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Invalidated NY school using short prayer (Invalidated Zorach and McCollum)
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School District of Abington Twp.. v Schempp (1963)
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Bible reading & Lords prayers are invalid
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Lee v Weisman (1992)
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Addressing God is invalid, (rabbi, middle school, ceremony)
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Marsh v. Chambers (1983)
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Constitutionally protected-A chaplain for state legislature
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Lynch v Donnelly (1984)
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Banning Crèche display in private park
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Grand Rapids School District v Ball (1985)
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Barred gov't funds for shared-time programs
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Aguilar v Felton (1985)
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Decided with Grand rapids, barred public funds for sharetime
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Mitchell v Helms (2000)
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Allowed federal funds>states>public&private schools (long as neutral)
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Reynolds v. US (1979)
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Criminalized polygamy
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