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Editing Constitutional Law Maggs/4th ed. Outline II
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Free Exercise Clause is concerned with governement action imposing a substantial burden on the free exercise of religion. | Free Exercise Clause is concerned with governement action imposing a substantial burden on the free exercise of religion. | ||
=====Q1. What is a substantial burden? ( | =====Q1. What is a substantial burden? (Sherbert)===== | ||
#Imposing criminal or civil sanctions on any type of religious service or conduct. | #Imposing criminal or civil sanctions on any type of religious service or conduct. | ||
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#Requiring a person to chose between their religious beliefs and receiving a generally available government benefit. | #Requiring a person to chose between their religious beliefs and receiving a generally available government benefit. | ||
General available to those who qualifyPerson or OrganizationLosing tax exempt isn’t generally available because most organizations don’t get tax exempt statusWhen looking at substantial burden, the court will not look at the sincerity of the belief. | General available to those who qualifyPerson or OrganizationLosing tax exempt isn’t generally available because most organizations don’t get tax exempt statusWhen looking at substantial burden, the court will not look at the sincerity of the belief. | ||
=====Q2. Strict Scrutiny===== | =====Q2. Strict Scrutiny===== | ||
Aimed at Religious Practice, State they are aimed at religion, Facially neutral but (1) applied discriminatory, (2) discriminatory purpose. | Aimed at Religious Practice, State they are aimed at religion, Facially neutral but (1) applied discriminatory, (2) discriminatory purpose. |