Establishment Clause

Question 1

What is discriminatory legislation

Answer 1

Legislation where a law prefers one religion over others
-requires strict scruitny

Question 2

What is neutral Legislation

Answer 2

Rather than using the Lemon Test the appropriate test is to interpret the Establishment Clause using an originalist approach that examines historical practices and understandings and can include examining the potential for coercion resulting from the law

Question 3

What types of religious activities are okay

Answer 3

religious clubs can validly hold meetings in a public school

Question 4

What are invalid religious activities if they are conducted at public schools

Answer 4

-school prayer (per se unconstitutional)
-period of silence “for meditation or voluntary prayer”
-10 Commandments posted on the walls of classrooms
-having rabbi or other cleric to conduct non-denominational prayer as part of graduation ceremony

Question 5

Can states put religion in curriculum in public schools

Answer 5

No

Question 6

What types of tax deductions may religious institutions take

Answer 6

Property tax exemptions for religious institutions are valid if treated the same as other non-profits

Question 7

What types of tax deductions for religious institutions are invalid

Answer 7

Tax exemption from sales and use taxes available only for the sale of religious magazines and books is an invalid endorsement of religion

Question 8

What can states provide money to both public and private schools for?

Answer 8

1. secular textbooks
2. standardized secular exams
3. school lunches
4. media and computers
5. interpreters for deaf students

Question 9

What can money states give to religious schools NOT be used for?

Answer 9

1. Directly for religious instruction
2. religious secondary schools for salaries of teachers of secular subjects (though CAN give religious universities money for this purpose)

Question 10

What are valid forms of government aide regarding religious education

Answer 10

1. providing bus fare for both public and private schools
2. giving a tax deduction to all parents based on actual expenditures for children attending any public, private or religious school
3. a voucher program that allows parents to send their children to parochial or religious schools with state aide

Question 11

When can government provide public services through religious institutions

Answer 11

If the government has a sex education program where it gives funding to both secular and religious organizations to carry out programs