Free Exercise Clause

Question 1

What is the Free Exercise Clause

Answer 1

Under the FEC a person’s religious beliefs are absolutely protected.

Question 2

What is government allowed to examine regarding a person’s beliefs under Free Exercise Clause

Answer 2

Government is NOT allowed to determine the truth or falsity of a person’s religious beliefs

Government MAY determine a person’s sincerity in their claim of religious beliefs

Question 3

When may state regulate activity under the Free Exercise Clause

Answer 3

Where an individual’s conduct is motivated by their religious beliefs, that state may regulate or prohibit the activity if the regulation is “neutral in respect to religion and is of general applicability”

Question 4

What are examples of regulations that are neutral in respect to religion and are of general applicability?

Answer 4

1. Criminalizing possession of peyote with no exception for American Indians who use peyote
   for religious rituals
2. Outlawing polygamy
3. Jewish Air Force doctor violating uniform dress requirements by wearing a yarmulke while
   on duty
4. Applying Social Security tax to an Amish employer whose religious beliefs prohibited
   him from making payments and receiving benefits

Question 5

Can states deny unemployment benefits to a person whose religious faith observes Saturdays as the Sabbath?

Answer 5

No

Question 6

Can states require Amish children to attend high school

Answer 6

No