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Freedom of Religion Analysis

Freedom of Religion Analysis - Freedom of Religion Analysis...

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Freedom of Religion Analysis: Does statute fall under the purview of the first amendment? - “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” If YES, then is this a question of: - The Establishment Clause, OR; - Free Exercise Clause Establishment Clause: - Scrutinize statute under Lemon: o Gov’t action that has some relationship to religion will violate the Establishment Clause unless it satisfies ALL THREE: Secular Neutral (doesn’t advance or inhibit) No gov’t entanglement o Possible variations of a statute: Wallace–School Prayer– Violates neutrality Zorach–Leaving school for religious purposes - okay. Allegheny–Religious decorations okay so long as they are accompanied by secular and/or other religious symbols. Weisman–Clergy members cannot speak at graduations. Pinnette– KKK allowed to erect a cross in public square where other religious decorations stood.
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