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Freedom of Religion AnalysisMT

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					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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Description: Constitutional Law II- general focus economic liberties through amendments