Conlaw Rules 11
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Establishment Clause: standard of review
Government action benefitting religion okay if:
- has secular purpose
- primary purpose neither advances nor inhibits religion
- does not result in excessive government entanglement with religion.
Religious displays and the establishment
May not have predominantly religious purpose (e.g., historical, moral, social meaning okay)
Holiday displays okay if recognized as part of secularized winter holdiay season (e.g., Christmas tree)
Freedom to believe - absolutely protected and cannot be restricted by law.
Religious conduct - not absolutely protected. Only laws that intentionally target religion are subject to strict scrutiny. Neutral laws of general applicability with an incidental impact on religious conduct subject only to rational basis.
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