Law 19983 on

Classified in Law & Jurisprudence

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Free Exercise Clause

  • Reynolds v. US ** (SA)

    • Mormon case were they ban polygamy

    • First Amendment protected beliefs and not religious practices that were determined to be criminal

    • Principle of belief/action dichotomy, meaning that individuals can believe what they choose, but cannot practice that belief cannot in ways that violate statutes or the Constitution

  • Sherbert v. Verner ** (SA)

    • Compelling interest test

      • Gov has to have compelling reason to limit someone's religion freedom

  • Peyote Case  ** (SA)

    • Importance of ending drug use overcame religion

    • Did NOT use the compelling interest test

    • Peyote was outlawed for all people and not just Native American religious practices, its prohibition did not violate the Free Exercise Clause

  • West Virginia State Board of Education v Barnette (Maybe matching)

    • Flag salute case

    • Switched on it, mandatory flag salute does in fact violate the jehovah witness’s rights

    • Overturned Gobitis

  • Church of Lukumi v. Hialeah (SA)

    • Case that did not allow the government’s law banning animal sacrifice in religious ceremonies because it targeted religion.

  • Goldman v. Weinberger (Matching)

    • Rabbi who wanted to wear the “kippah” in the military

    • FE clause applies less strictly to military than regular citizens

    • Distract from uniformity

  • Wisconsin v. Yoder (Matching)

    • Amish case were schooling violated Amish religion

    • Found that the values and programs of secondary school were "in sharp conflict with the fundamental mode of life mandated by the Amish religion

  • Braunfeld v Brown (maybe matching)

    • Sunday closing, DID NOT violate rights of Orthodox Jew

    • He couldn't open shop saturdays (religious reasons) but city didn't let him open on sundays

    • Legit purpose of providing general welfare

    • So long as general law that can only be achieved by hindering religion, okay

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