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Con Law 2
FREEDOM OF ESTABLSIMENT
| Question | Answer |
|---|---|
| ES | shall make no law respecting an establishment of religion |
| es:Meaning | MEANS: Inability to make and or establish religion AND Also inability to stop or take one down Cant establish religion, cant make a religion on basis of government focus on neutrality between religion and non religion |
| ES: Categories | Monetary aid to religious education or other social welfare activities conducted by religious institutions; Gove-sponsored prayer; Accom of religious dissenters from generally-applicable laws; and Gov owned or sponsored religious symbols. |
| Test: Strct seperationism | Wall between church and state SEMINAL CASE: EVERSON V. BOARD McCollum v. Board of edu , and Zoroach v. Clauson |
| Test: Lemon test | Secular purpose - whether government's actual purpose is to endorse or disapprove of religion.- e Principal or primary effect must not be one that either advances or inhibits religion- No excessive entanglement of church and state - change |
| LEMON TEST: Alts | wouldn’t be taken objective observer to constitute a state endorsement – Agostini v. felton and santa fe indep also mccreary county, wallace, american legion, negative - Mitchell v. helms, Zelman v. simmons-harris- neutrality - Mccreary county v. ACLU |
| shift | Alleghey V. ACLU- Reoccurring holiday deispaly a creche and menorah – crehc violates but menorah doesn’t b. Crecher- religious and alone, but menorah part of bigger one and not gov endorsieng religion |
| Divisiveness test | Government religion interactions cause strife among citizens, which in turn undermines the peace and good will necessary for a function democracy - Van orden |
| endorsement test | message to nonadherents that they are outsiders, not full members of the political community, and an accompanying message that they ey are insiders favored members of political community – disapporavle sends the opposite message – consider divsivnesslynch |
| Coercion test | by prohibiting only those government religion interactions that fit the chief vice of state established churches- coerced religious belief and practices- lee v. wisemna |
| History and tradition test | body of past church -state interactions, only novel interactions are suspect marsh v. chambers, Kennedy case, |
| HTT: APPLY | Content netrual - - historcial practcies favors religion - Strict Scrutiny - |
| Religionin schools | use of lemon really |
| RS: CASES | Engel v. vitale – bannings chool prayers- even when nondenominational wallace v, jafree sante fe school |
| rs: relate time | a. While released time for religious education is a constitutional accommodation of religion, on-premises religious instruction has the primary effect of advancing religion. |
| RS: Prayers, bible reading | Required prayers, including moments of silent prayer, even when non-denominational and where objectors are excused, have the purpose and primary effect of aiding religion |
| RS: teaching religious values | state has broad discretion over its curriculum and may foster the teaching of basic values and tradition, a state-sponsored program violates the Establishment Clause if it is primarily religious in character or has the purpose of advancing religion |
| RS: Equal acess | Discrimination groups in the use of the pub for based on the fact engaged in religious expression can be justified only by a compelling government interest. Laws promoting equal access to public schools by religious groups do not violate the Est |
| RS: Financial asstiance to religious schools | publci benefits, finaical aid, vouchers limtis to religion - employer private religious action, concer for coercion, idoctrination, vocuerh, endoresment |
| Town of Greece New yourk v. Galloway - ht | 1. From 1999 to 200 – ever monthly town meeting opened with prayer from a local celegryman 2. No one was excluded of denined the oppurtuinty to offer prayer but it was not speciffcilay publizced that individuals were wlecomes to deliver prayer to |
| Relationship between free speech and establishment: religions proper place in the public forum | |
| Windmar v. Vincent | PF- free speech by excluding religious group (CB) – not have a compelling interest for this- Avoid est |
| a. Lambs chapel v. center moriches school district | Use of classrooms after class time- school prohibits use by any religious group – not allowed |
| summary | Free speech – requires government to admit religious speech into public for a on same terms as other speech 1. Allowing this is not a violation of Establish- gov not overly entagled- NEUTRAL cant do preference things here- open eqau |
| . Rosenberger v. uva | the prining of the group newspaper – prrohabition based on rleigon - Meta physical forum i. Not needed for establishment clause- deniaml for CB- VP- NETURALITY- like lamb |
Created by:
Vanderhoof_