Freedom of Religion Analysis: First Amendment – Congress shall make no law respecting the establishment of religion or prohibiting the free exercise thereof. Establishment Clause Free Exercise Clause o Lemon Test: Secular purpose Neutral Avoid excessive gov’t entanglement. o Sherbert Standard: Use when statute interferes w/ a fundamental right. Apply Strict Scrutiny Standard Compelling state interest Narrowly tailored Note: Sherbert standard deals with unemployment cases (that do not involve criminalizing a certain act). Court adopts Strict Scrutiny standard in unemployment cases. (Sherbert and Hobbie). o Smith and Hialeah – Court brings law to be less pro-religion. State has power to regulate action and can burden religious practice, but a state cannot tell individuals what to believe. Note: A State MUST have a way to regulate religious actions. Hialeah case represents what NOT to do when writing a statute outlawing the practice of a certain religion. Legislation under this standard is presumed to be legitimate. Applying Strict Scrutiny or a Lower Standard o If the statute is of: General Application, and; Neutral as to religious beliefs: o USE RATIONAL BASIS TEST Strict Scrutiny Standard v. Rational Basis Analysis using Hialeah and Smith o Smith Statute criminalizing use of peyote is challenged. should not apply to the statute. Statute is neutral (makes drugs illegal) and it’s neutral as to religious beliefs. Therefore, USE RATIONAL BASIS TEST. o Hialeah Statute outlawing killing animals for religious or cult purposes. Statute fails the 2-prong test and therefore has to be put against the Strict Scrutiny Standard. Statute is STRICKEN, applies to NO ONE.
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