Chapter 5 The First Amendment 03 31 2014 When intervening in religious practices to protect people have to ask if it is the least intrusive means to complete what needs to be done Suppose you live in Hialeah and there used to be a lot of dogs and cats around the streets but then there are a lot of dead animals around the neighborhood you could reasonably argue that there is a compelling interest that its unsanitary and not healthy to have dead animals everywhere the defense could argue o there s not an absolute right to kill animals and keep them around the neighborhood o Is it the least intrusive means o An outright prohibition of killing animals for sacrifice is not the least intrusive way o There can be a law about where and how to dispose of the sacrifices Abington Township v Schempp a government agent in position of authority cannot imply that one must agree with them in order to succeed in whatever position they have Cannot pressure others to agree with religious beliefs or cannot force religious practices on people in government agencies The test o The primary purpose The objective of the law before it was law o The primary effect o Lemon Test The effect after the law became law Did the government action have a secular purpose The supporters of the law have to justify without any religious referrals Can the state justify it s action without referring to religion if the only justification is to support or discourage a religion than it fails this prong of the test o Does the primary effect of the government action either advance or inhibit religion If the law promotes religion or discourages it then it fails the test o Does the government action constitute excessive government entanglement with religion Has the government formed a partnership with the Good News Club v Milford Central School religious organization The free speech clause used to decide this case School board was violating the free speech rights of the church Freeman v Department of Highway Safety and Motor Vehicles Needs to pass strict scrutiny test of compelling interest test Religious freedom act any law that denies religious freedom is unconstitutional unless it passes the strict scrutiny test of the compelling interest act Exercise of religion as defined in FRFRA An act or refusal to act that is substantially motivated by a religious belief whether or not the religious exercise is compulsory or central to a larger system or religious belief Pg 188 1 Freedom of speech equal protection establishment clause 7 There s no government action 8 There s no government action 9 No reference to religion but 13 If they are owned then it s illegal to kill them but animals don t have any constitutional rights 17 03 31 2014 03 31 2014