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3 Cards in this Set
- Front
- Back
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Free Exercise Clause
1A forbids gov. from prohibiting free exercise of religion Religion: includes traditional religious belief and exercise thereof, as well as beliefs that play role in life of believer. Gov may inquire into sincerity of beliefs, but not truth |
Discriminatory Laws (as to religion generally or a particular religion): Strict review
N/A to neutral laws of general applicability |
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Establishment Clause--> gov neutrality w/respect to religion
Lemon Test: Finds establishment of religion if 1) Primary purpose is sectarian 2) Primary effect is sectarian OR 3) Excessive entanglement between government and religion Coercion: Gov may not directly/indirectly coerce individuals to exercise (or refrain from exercising) religion |
Endorsement: from standpoint of reasonable and informed observer, gov must not appear to endorse religion
Sometimes SC finds state religious display or practice is tolerable acknowledgement of religion in history/tradition of nation. |
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Aid to Parochial Schools: conflicted and confusing
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Aid is more likely upheld if:
1) More universal 2) Less convertible to religious instruction 3) Aid goes to students who privately choose to use at parochial schools rather than directly to schools |
