Term
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Definition
| Jehovah's Witnesses were going door-to-door proselytizing and selling tracts and books. Selling them without a license was illegal. |
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Term
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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. |
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Term
| West Virginia Board of Education v. Barnette Facts |
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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. |
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Term
| WV Board of Education v. Barnette Holding |
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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. |
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Term
| What case overturned Minersville v. Gobitis? |
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Definition
| WV Board of Education v. Barnette |
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Term
| What case did WV Board of Education v. Barnette overturn? |
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Definition
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Term
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Definition
| A 7th Day Adventist couldn't get unemployment comp because she wouldn't take any jobs that required her to work on Saturday. |
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Term
| Sherbert v. Warner holding |
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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. |
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Term
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Definition
| Compelling State Interest/Least Restrictive Means |
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Term
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Definition
| The Amish didn't want to send their kids to public high school, so they violated the state's compulsory education laws. |
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Term
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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. |
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Term
| Employment Division v. Smith facts |
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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. |
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Term
| Emp. Division v. Smith holding |
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Definition
| When deciding free exercise cases, go with the law of general applicability. |
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Term
| Law of General Applicability |
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Definition
| a statute only violates the constitution if it singles out a religious activity to ban |
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Term
| What are some problems with Emp. Div. v. Smith? |
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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 |
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Term
| Church of Lakumi Babalu Aye v. City of HiaLeah Facts |
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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. |
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Term
| Church of Lakumi Babaly Aye v. City of HiaLeah Holding |
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Definition
| the ordinances were unconstitutional since they purposefully targeted religion. |
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Term
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Definition
| said that if any government action substantially burdened a religious practice, it was invalid unless CSI/LRM |
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Term
| What did the Supreme Court do with RFRA? |
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Definition
| said it was an unconstitutional restriction on the states, but not on the federal government |
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Term
| What's the difference between RFRA and RLPA? |
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Definition
| RLPA based it on the commerce clause. |
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Term
| Why was RLPA such a bad idea? |
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Definition
| it said religion affected interstate commerce, so the government could regulate a ton of religious stuff. |
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Term
| What's the deal with RLUIPA? |
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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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