Sssemployeesassociationvcagrno85279july 28 1989 the

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Unformatted text preview: s traditions have now been considered as having acquired secular character; and 5. Postage stamps depicting Philippines as the venue of a significant religious event – benefit to the religious sect involved was merely incidental as the ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 91 UST GOLDEN NOTES 2011 promotion of Philippines as a tourist destination was the primary objective. Q: What is the Lemon test? A: It is a test to determine whether an act of the government violates the non‐establishment clause. To pass the Lemon test, a government act or policy must: 1. Have a secular purpose; 2. Not promote or favor any set of religious beliefs or religion generally; and 3. Not get the government too closely involved (“entangled”) with religion. Q: What is the Compelling State Interest test? A: It is the test used to determine if the interests of the State are compelling enough to justify infringement of religious freedom. It involves a three‐step process: 1. Has the statute or government action created a burden on the free exercise of religion? – Courts often look into the sincerity of the religious belief, but without inquiring into the truth of the belief since the free exercise clause prohibits inquiring about its truth. 2. Is there a sufficiently compelling state interest to justify this infringement of religious liberty? – In this step, the government has to establish that its purposes are legitimate for the State and that they are compelling. 3. Has the State in achieving its legitimate purposes used the least intrusive means possible so that the free exercise is not infringed any more than necessary to achieve the legitimate goal of the State? – The analysis requires the State to show that the means in which it is achieving its legitimate State objective is the least intrusive means, or it has chosen a way to achieve its legitimate State end that imposes as little as...
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