Military Religion.docx - 1 Is Goldman v Weinberger an...

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1. Is Goldman v. Weinberger an exercise of religion case or an establishment of religion issue? Why? a. Argument of Free Exercise – Prohibition of practicing his religion w/ yarmulke 2. If the Court in G v. W. were to have used a test in its analysis, what test would it have used and why? a. Smith Test “Free Exercise” Analysis i. Does law have a legitimate secular purpose? 1. Yes, order and discipline. ii. Does law have general applicability? 1. Yes, applies to everyone 3. Should the court in G. v W. have used the Employment Division v. Smith test? Why or why not? a. Court used Strict Scrutiny test – Regulation was narrowly tailored for a compelling interest of order and discipline. b. Court should’ve used Smith test, however, Employment Division v. Smith had not occurred yet. (1986 v. 1999) 4. Is Hartman v. Stone an exercise of religion issue or an establishment of religion issue? Why? a. Exercise of Religion 5. Who is the Gov’t actor? How is the action implemented? 6. What test does the Court use in H v S.? Explain and Analyze.
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