The Religion Law Quiz Podcast

Religion Law Quiz #61 (Two distinct protections from the 14th Amendment related to the free exercise of religion)

The Free Exercise Clause applies to the States under the Fourteenth Amendment.  That application provides at least two distinct protections.  What are those two protections? 
 
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Answer: Here's how the Supreme Court answered that question in 2020. 
 
The Free Exercise Clause, which applies to the States under the Fourteenth Amendment, “protects religious observers against unequal treatment” and against “laws that impose special disabilities on the basis of religious status.” Trinity Lutheran, 137 S.Ct., at 2021 (internal quotation marks and alterations omitted); see Cantwell v. Connecticut, 310 U.S. 296, 303, 60 S.Ct. 900, 84 L.Ed. 1213 (1940). Those “basic principle[s]” have long guided this Court. Trinity Lutheran, 137 S.Ct. at 2019–2021. See, e.g., Everson v. Board of Ed. of Ewing, 330 U.S. 1, 16, 67 S.Ct. 504, 91 L.Ed. 711 (1947) (a State “cannot exclude individual Catholics, Lutherans, Mohammedans, Baptists, Jews, Methodists, Non-believers, Presbyterians, or the members of any other faith, because of their faith, or lack of it, from receiving the benefits of public welfare legislation”); Lyng v. Northwest Indian Cemetery Protective Assn., 485 U.S. 439, 449, 108 S.Ct. 1319, 99 L.Ed.2d 534 (1988) (the Free Exercise Clause protects against laws that “penalize religious activity by denying any person an equal share of the rights, benefits, and privileges enjoyed by other citizens”).
 
Espinoza v. Montana Department of Revenue, 140 S.Ct. 2246, 2254-55 (2020).
 
Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.
 

Religion Law Quiz #60 (Establishment Clause Violation)

Alright.  If you have been paying attention to past Religion Law Quizzes then I would hope you would get this one right.  Let’s see how you do. 
 
True or False: The Establishment Clause is violated if a neutral government program benefits a religious institution. 
 
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Answer: False.  Here’s what the Supreme Court has said in this regard. 
 
We have repeatedly held that the Establishment Clause is not offended when religious observers and organizations benefit from neutral government programs. See, e.g., Locke, 540 U.S. at 719, 124 S.Ct. 1307; Rosenberger v. Rector and Visitors of Univ. of Va., 515 U.S. 819, 839, 115 S.Ct. 2510, 132 L.Ed.2d 700 (1995). See also Trinity Lutheran, 582 U.S., at ––––, 137 S.Ct., at 2019–2020 (noting the parties’ agreement that the Establishment Clause was not violated by including churches in a playground resurfacing program).
 
Espinoza v. Montana Department of Revenue, 140 S.Ct. 2246, 2254 (2020).
 
 
Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.

Religion Law Quiz #59 (Play in the Joints)

“OUCH!!“ exclaims Mike in pain.  He has done something to his lower back and it is now really tight and locked up.  Mike had been planning on Saturday morning to go on a really long jog followed by a good morning of doing some yard work with the nice spring weather.  But with no real movement in his joints, he is forced to hobble around and accomplish significantly less than what he could otherwise do if he were healthy.  In his pain, Mike starts asking himself: Is there some analogy here to the First Amendment? 
 
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Answer: Yes.  Just like a lower back needs “play in the joints” to properly function, so too there must be “play in the joints” between the Free Exercise and Establishment clauses of the Constitution.  This is a point the Supreme Court has repeatedly emphasized:
 
The Religion Clauses of the First Amendment provide that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” We have recognized a “ ‘play in the joints’ between what the Establishment Clause permits and the Free Exercise Clause compels.”     Trinity Lutheran Church of Columbia, Inc. v. Comer, 582 U.S. ––––, ––––, 137 S.Ct. 2012, 2019, 198 L.Ed.2d 551 (2017) (quoting Locke v. Davey, 540 U.S. 712, 718, 124 S.Ct. 1307, 158 L.Ed.2d 1 (2004)).
 
Espinoza v. Montana Department of Revenue, 140 S.Ct. 2246, 2254 (2020).  In case you are wondering, the “Mike” in this story is yours truly and I hurt my back last week but fortunately it has been improving and flexibility is returning.  In my healing process I came across this quote and thought it was a very apt analogy for a very important principle of law. 
 
 
Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.
 

Seeking Your Feedback

I need your help!  Today's quiz asks two key questions: (1) How can we get the podcast to a wider audience and (2) what do I need to do to improve the quality of the podcast?  The podcast gives my perspective on the challenge.  If you have any feedback I'd appreciate you emailing it to me at MyReligiousFreedom@protonmail.com

Quiz #50 (Part 5) -- Defending Religious Freedom -- Be a Peacemaker

Be a Peacemaker Matthew 5:9
Below is a list of things I’ve learned over the years that have helped me to be a peacemaker:
Don’t be a jerk.
Don’t be arrogant.
Don’t be judgmental.
Listen.  Listen. Listen. Get as much information as you can.
Look for common ground.
Don’t argue but rather rearticulate their position. 
Ask why (i.e., look beyond the surface arguments and really find out what is the deep, core concern that the other person has). 
Politely identify problems or issues with the counter-position (i.e., what are problems that would occur if your opponent’s position that were adopted; help your opponent see problems in their own position).
Seek fairness for all.
Engage when you are calm.  Don’t engage when you are agitated. 
Recognize when you are getting upset.  Temporarily walk away from a situation. 
Brainstorm – Ask others about what they think can be done to reach a compromise. 
Be willing to compromise on non-essential items. 
Diplomatically advocate for your position.  Identify your core concern that you have. 
Be meek and humble.  Matthew 11:29
Love your enemies. Luke 6:27; Exodus 23:5
Pray for God’s help.
Forgiveness — be willing to forgive. D&C 64:9
Practice being a peacemaker.
Practice these principles.
Know your rights — know the rules, know the boundaries.
Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.
Here are links to past episodes about what you can do to protect and defend religious freedom.
50 Part 1 – Tie Your Actions to Religion
https://religionlawquiz.podbean.com/e/quiz-50-part-1-defending-religious-freedom-tie-your-actions-to-religion/ 
50 Part 2 – Share How Religion Helps You
https://religionlawquiz.podbean.com/e/quiz-50-part-2-defending-religious-freedom-share-how-religion-helps-you/ 
50 Part 3 – Talk About the Good that Religion Does
https://religionlawquiz.podbean.com/e/quiz-50-part-3-talk-about-the-good-that-religion-does/
Quiz #50 (Part 4) -- Defending Religious Freedom -- Stand up for the rights of others
https://religionlawquiz.podbean.com/e/quiz-50-part-4-defending-religious-freedom-stand-up-for-the-rights-of-other-religious-groups/
 

Religion Law Quiz #58 (Religion law-related news stories)

Where can you subscribe to free, comprehensive religion law-related stories with perspectives across the political spectrum?  
 
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Answer: Go to the International Center for Law Religion Studies its “Law and Religion Headlines” page and subscribe for email updates.  You can segregate the headlines by Events, International, Europe and the United States.  
 
https://www.religlaw.org/headlines  
 
 
Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.

Religion Law Quiz #57 (Six different categories of Establishment Clause cases)

Today's Religion Law Quiz is tough as it has six-parts.  If you can get all six then please consider yourself a con-law rock star. 
 
The Supreme Court has identified roughly six different categories into which types of Establishment Clause cases fall.  What are those six categories? 
 
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Answer:  Here is how the Supreme Court identified the six categories in 2019:
 
While we do not attempt to provide an authoritative taxonomy of the dozens of Establishment Clause cases that the Court has decided since Everson v. Board of Ed. of Ewing, 330 U.S. 1, 67 S.Ct. 504, 91 L.Ed. 711 (1947), most can be divided into six rough categories: (1) religious references or imagery in public monuments, symbols, mottos, displays, and ceremonies, e.g., Lynch v. Donnelly, 465 U.S. 668, 104 S.Ct. 1355, 79 L.Ed.2d 604 (1984); Van Orden v. Perry, 545 U.S. 677, 125 S.Ct. 2854, 162 L.Ed.2d 607 (2005); (2) religious accommodations and exemptions from generally applicable laws, e.g., Cutter v. Wilkinson, 544 U.S. 709, 125 S.Ct. 2113, 161 L.Ed.2d 1020 (2005); Corporation of Presiding Bishop of Church of Jesus Christ of Latter-day Saints v. Amos, 483 U.S. 327, 107 S.Ct. 2862, 97 L.Ed.2d 273 (1987); (3) subsidies and tax exemptions, e.g., Walz v. Tax Comm’n of City of New York, 397 U.S. 664, 90 S.Ct. 1409, 25 L.Ed.2d 697 (1970); Zelman v. Simmons-Harris, 536 U.S. 639, 122 S.Ct. 2460, 153 L.Ed.2d 604 (2002); (4) religious expression in public schools, e.g., School Dist. of Abington Township v. Schempp, 374 U.S. 203, 83 S.Ct. 1560, 10 L.Ed.2d 844 (1963); Lee v. Weisman, 505 U.S. 577, 112 S.Ct. 2649, 120 L.Ed.2d 467 (1992); (5) regulation of private religious speech, e.g., Capitol Square Review and Advisory Bd. v. Pinette, 515 U.S. 753, 115 S.Ct. 2440, 132 L.Ed.2d 650 (1995); and (6) state interference with internal church affairs, e.g., Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 565 U.S. 171, 132 S.Ct. 694, 181 L.Ed.2d 650 (2012). A final, miscellaneous category, including cases involving such issues as Sunday closing laws, see McGowan, v. Maryland, 366 U.S. 420, 81 S.Ct. 1101, 6 L.Ed.2d 393 (1961), and church involvement in governmental decisionmaking, see Larkin v. Grendel’s Den, Inc., 459 U.S. 116, 103 S.Ct. 505, 74 L.Ed.2d 297 (1982); Board of Ed. of Kiryas Joel Village School Dist. v. Grumet, 512 U.S. 687, 114 S.Ct. 2481, 129 L.Ed.2d 546 (1994), might be added. We deal here with an issue that falls into the first category.
 
Am. Legion v. Am. Humanist Ass'n, 204 L. Ed. 2d 452, 139 S. Ct. 2067, 2082 n. 16 (2019)
 
 
Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.
 

Religion Law Quiz #56 (The Lemon Test)

We learned from Religion Law Quiz #55 that Everson v. Board of Ed. of Ewing, 330 U.S. 1, 67 S.Ct. 504, 91 L.Ed. 711 (1947) incorporated the Establishment Clause to the states.  Following that decision, the Supreme Court was hit with a variety of lawsuits dealing with difficult Establishment Clause issues.  As courts are wont to do, after a while the Supreme Court developed a test (based on its prior decisions) to address Establishment Clause issues.  What was the decision that adopted the test and what are the elements of the test? 
 
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Answer:  The test was enunciated in Lemon v. Kurtzman, 403 U. S. 602, 91 S.Ct. 2105, 29 L.Ed.2d 745 (1971).  "Under the Lemon test, a court must ask whether a challenged government action (1) has a secular purpose; (2) has a 'principal or primary effect' that 'neither advances nor inhibits religion'; and (3) does not foster 'an excessive government entanglement with religion.'” American Legion v. American Humanist Association, 139 S.Ct. 2067, 2078-79 (2019) (citing 403 U. S., at 612–613, 91 S.Ct. 2105 (internal quotation marks omitted)).
 
 
Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.

Religion Law Quiz #55 (What Supreme Court decision incorporated the Establishment clause to the States?)

In my humble opinion, getting today's Religion Law Quiz correct is the equivalent of doing a muscle flex of your con-law knowledge.  Let's see how you do. 
 
As you know, the Bill of Rights was not wholesale automatically applicable to the States.  Rather, individual rights were incorporated over time to the States.  What Supreme Court decision incorporated the Establishment clause to the States? 
 
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Answer: Everson v. Board of Ed. of Ewing, 330 U.S. 1, 67 S.Ct. 504, 91 L.Ed. 711 (1947). 
 
Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.

Quiz #50 (Part 4) -- Defending Religious Freedom -- Stand up for the rights of other religious groups

What is another simple way a regular, run-of-the-mill person can help protection and defend religious freedom?  Stand up for the rights of other religious groups. 
A lot of good comes from this.
You help protect another’s right to worship
Goodwill is created between you and the person you are helping.
You might make a friend who will come to your aid in your time of need
You will learn helpful and non-helpful ways to stand up for the rights of others.
Here are links to past episodes of this series about what you can do to defend and protect religious freedom: 
50 Part 1 – Tie Your Actions to Religion
https://religionlawquiz.podbean.com/e/quiz-50-part-1-defending-religious-freedom-tie-your-actions-to-religion/ 
50 Part 2 – Share How Religion Helps You
https://religionlawquiz.podbean.com/e/quiz-50-part-2-defending-religious-freedom-share-how-religion-helps-you/ 
50 Part 3 – Talk About the Good that Religion Does
https://religionlawquiz.podbean.com/e/quiz-50-part-3-talk-about-the-good-that-religion-does/
Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.