LEGALST 39D Chapter Notes - Chapter 11: Bob Jones University, Sherbert V. Verner, Hobby Lobby
24 Oct 2016
School
Department
Course
Professor
Legal Studies 39D
CHAPTER 11: FREE EXERCISE OF RELIGION
First amendment
- Free exercise clause
- Establishment clause
Sherbert test/ compelling interest test
(1) Does the person have a claim involving a sincere religious belief
(2) Does the government action constitute a substantial burden on the person’s
ability to act on that belief
(3) Is the government acting to further a compelling state interest
(4) Does the government pursue that interest in the manner least restrictive/
burdensome to religion
Sherbert curtailed in Smith
- Only laws (1) intended to prohibit free exercise of religion or (2) violated
other constitutional rights such as free speech are subject to the compelling
interest test
Torcaso v. Watkins
- Reaffirm the establishment clause of the 1st amendment
Bob Jones University v. U.S.
- Government may justify a limitation on religious liberties by showing it
necessary to accomplish an overriding government interest
- Interest in prohibiting racial discrimination
Mother prosecuted in the death of child for providing only spiritual healing (prayer)
and not conventional medical care
- Sincere belief aligned with Christian Science
- Chuch argues that government should not mandate conventional medical
care over spiritual care when both can claim successes and failures
- Court allowed restriction of religiously motivated act for grave social reasons
such as protection of child’s life
- Case turns on objective reasonableness of the course of conduct
RFRA passed after Smith to protect religious exercise (Indians who smoke peyote
were fired)
Hobby Lobby Stores
- Closely held corporation
- Sincerely held belief that abortion is order and purchasing health insurance
that provides 4 types of contraception that prevent pregnancy after
conception makes them complicit in murder
- RFRA does apply to for profit corporations
- Why shouldn’t it? Non profit religious entities can opt out
- There is a substantial burden
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Only laws (1) intended to prohibit free exercise of religion or (2) violated other constitutional rights such as free speech are subject to the compelling interest test. Reaffirm the establishment clause of the 1st amendment. Government may justify a limitation on religious liberties by showing it necessary to accomplish an overriding government interest. Mother prosecuted in the death of child for providing only spiritual healing (prayer) and not conventional medical care. Chuch argues that government should not mandate conventional medical care over spiritual care when both can claim successes and failures. Court allowed restriction of religiously motivated act for grave social reasons such as protection of child"s life. Case turns on objective reasonableness of the course of conduct. Rfra passed after smith to protect religious exercise (indians who smoke peyote were fired) Sincerely held belief that abortion is order and purchasing health insurance that provides 4 types of contraception that prevent pregnancy after conception makes them complicit in murder.
