PS 202 Lecture Notes - Lecture 6: Free Exercise Clause, Warren E. Burger, Native American Church

• School: University of Illinois
• Department: Political Science
• Course: PS 202
• Professor: Rudolph Thomas

Document Summary

Claimants in free exercise cases are usually religious individuals or groups. Claimants must meet normal criteria to sue: standing to sue: show actual or imminent injury, justiciable issue: no moot questions, no political questions. In addition, claimants must demonstrate that the government has somehow infringed upon their rights of religious belief, worship, speech, press, or assembly. Intermediate scrutiny test: restrictions on free exercise are okay if they (1) are in pursuit of an important government interest and (2) the law is substantially related to that interest. Minersville v. gobitis (1940): saluting the ag: court reaf rms that individuals" religious beliefs do no excuse them from compliance with an otherwise valid law prohibiting conduct that the state is free to regulate (this builds on reynolds) West virginia v. barnette (1943): ag / pledge: overturning the gobitis decision, the court rules that requiring students to salute the ag and say the pledge of allegiance is a violation of the free exercise clause.