Shared Flashcard Set

Details

CLF
Free Exercise Clause
22
Law
12th Grade
11/28/2007

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Cards

Term
Murdoch v. PA Facts
Definition
Jehovah's Witnesses were going door-to-door proselytizing and selling tracts and books. Selling them without a license was illegal.
Term
Murdoch v. PA Holding
Definition
The law was unconstitutional because it effectively put a tax on people following their religion, inhibiting free exercise. The fact that the law wasn't targeted at Jehovah's Witnesses was irrelevant.
Term
West Virginia Board of Education v. Barnette Facts
Definition
Jehovah's Witnesses' kids didn't want to salute the flag because they believed it was a graven image and didn't want to say the pledge of allegiance.
Term
WV Board of Education v. Barnette Holding
Definition
JWs couldn't be forced to salute the flag or say the pledge because it violated free exercise, and forcing them to wasn't a compelling state interest.
Term
What case overturned Minersville v. Gobitis?
Definition
WV Board of Education v. Barnette
Term
What case did WV Board of Education v. Barnette overturn?
Definition
Minersville v. Gobitis
Term
Sherbert v. Verner Facts
Definition
A 7th Day Adventist couldn't get unemployment comp because she wouldn't take any jobs that required her to work on Saturday.
Term
Sherbert v. Warner holding
Definition
You can't be hurt by the government because of your religion, and you shouldn't have to choose between following your religion and getting government benefits.
Term
Strict scrutiny equals
Definition
Compelling State Interest/Least Restrictive Means
Term
Wisconsin v. Yoder facts
Definition
The Amish didn't want to send their kids to public high school, so they violated the state's compulsory education laws.
Term
WI v. Yoder Holding
Definition
The Amish didn't have to send their kids to school because this would keep them from practicing their religion and the government could meet its CSI (educated citizens) without forcing the Amish to go to public school.
Term
Employment Division v. Smith facts
Definition
Two drug rehab counsellors converted to a native american religion, started using payute as part of their ceremonies, lost their jobs, and sued for unemployment comp.
Term
Emp. Division v. Smith holding
Definition
When deciding free exercise cases, go with the law of general applicability.
Term
Law of General Applicability
Definition
a statute only violates the constitution if it singles out a religious activity to ban
Term
What are some problems with Emp. Div. v. Smith?
Definition
-It quoted Minersville School District v. Gobitis, which was overruled.
-It ignored the CSI/LRM test
-It said an individual's beliefs couldn't get him out from under the law
Term
Church of Lakumi Babalu Aye v. City of HiaLeah Facts
Definition
a group of Santerians were sacrificing chickens in Florida, which pissed of their neighbors who got a city ordinance to legalize slaughtering chickens for anything but a religious purpose.
Term
Church of Lakumi Babaly Aye v. City of HiaLeah Holding
Definition
the ordinances were unconstitutional since they purposefully targeted religion.
Term
What did RFRA do?
Definition
said that if any government action substantially burdened a religious practice, it was invalid unless CSI/LRM
Term
What did the Supreme Court do with RFRA?
Definition
said it was an unconstitutional restriction on the states, but not on the federal government
Term
What's the difference between RFRA and RLPA?
Definition
RLPA based it on the commerce clause.
Term
Why was RLPA such a bad idea?
Definition
it said religion affected interstate commerce, so the government could regulate a ton of religious stuff.
Term
What's the deal with RLUIPA?
Definition
It was like RLPA except it only applied to land use decisions and prisoners. It was passed overnight in 2000 as Congress was about to go out of session.
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