L.O.- Describe the First Amendment guarantee of freedom of religion
Freedom of Religion
- The freedom of religion is mentioned in the first amendment.
- Establishment clause: first amendment, first clause; directs the national government to not sanction an official religion.
- Free exercise clause: first amendment, second clause; prohibits the U.S. government from interfering a person's right to practice her or her religion.
Establishment Clause
- The establishment clause states that the government can not sanction an official religion
- For establishing a religion, the Supreme Court has come up with a 3-part test that examines the constitutionality of religious establishment issues known as the Lemon Test.
- Lemon Test: in order for a practice to be constitutional, it must have these 3 things...
- A legitimate secular purpose.
- Neither advance nor inhibit religion.
- Doesn't foster an excessive government entanglement with religion.
Free Exercise Clause
- The free exercise clause requires that a state or national government cannot unfairly target one religion.
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