law Q

Lecture Notes 6-27-17

• Free exercise clause: you can practice whatever religion you’d like

  • Free to practice or not practice any religions you choose

• 1890 Davis v. Beasie

• Tuscana v. Watkins

• Welsh: believe in something, not a god or deity, but something that is morally or ethically guiding.

• Thomas v. The Review Board: only beliefs rooted in religion are given special protection to the exercise of religion

  • Exceptions: courts cant find a religious belief to be false

  • Cant require religious oaths to get a job in govt entity

  • Private school scenario: if private school gets federal funds then they cant require a religious oath, no federal funding they could require a religious oath

• Est clause: there will be no state religion, not state of America

• ******the lemon test: courts use “does this create a preference for religion three parts (1) odes the law have secular purpose (2) does it neither advance nor inhibit religion (3) excessive govt entanglement with religion

• some holiday displays are permissible as long as you allow access to other religious groups and you don’t provide funding that you wouldn’t provide to another religious group

• religious land use and institutionalized persons act