The Religion Law Quiz Podcast

A state passes a law which, in the view of the state, protects the religious liberty of taxpayers by ensuring that their taxes are not directed to religious organizations (because the law specifically prohibits any religious institution from receiving state aid), and the law safeguards the freedom of religious organizations by keeping the government out of their operations.  Does the law pass cons...

True or False: The protections of the Free Exercise Clause depend on a judgment-by-judgment analysis regarding whether discrimination against religious adherents would somehow serve ill-defined interests?   (Scroll down for the answer)   Answer: False.  Here’s what the Supreme Court said in this regard three years ago: “The protections of the Free Exercise Clause do not depend on a ‘judgment-by-ju...

As attorneys we talk about doing pro bono work.  But guess what?  The universe doesn’t revolve around us. <<<Yes, I realize that last sentence is a hard pill to swallow.  😊>>>  Non-attorneys can also play an important role.  How can non-attorneys help with pro bono work?   (Scroll down for the answer)   Answer:  Here is a list of possible things non-attorneys can do to help prom...

In Espinoza v. Montana Dep't of Revenue, 140 S. Ct. 2246 (2020), the Montana Department of Revenue sought to distinguish that case from the Supreme Court’s Trinity Lutheran decision a few years earlier by arguing that “Trinity Lutheran does not govern here because the no-aid provision applies not because of the religious character of the recipients, but because of how the funds would be used—for ‘...

True or False: The Establishment Clause is not offended when religious observers and organizations benefit from neutral government programs.    (Scroll down for the answer)   Answer: True.  Here’s what the Supreme said in that regard three years ago:   The Religion Clauses of the First Amendment provide that “Congress shall make no law respecting an establishment of religion, or prohibiting the fr...

If a State wants to create even greater separation between church and State than is already ensured under the U.S. Constitution is there any limitation on the State in doing this?      (Scroll down for the answer)   Answer: Yes.  The State’s actions are limited by the Free Exercise clause.  Consider what the Supreme Court said in this regard in 2020.    The Montana Supreme Court asserted that the...

Can you believe we are up to Religion Law Quiz #75?  What a milestone?  In honor of that milestone today’s quiz focuses on a key concept that is critically important to many constitutional rights.    How does the government satisfy “strict scrutiny”?    (Scroll down for the answer)   Answer: Here’s how the Supreme Court answered that question three years ago.    Strict scrutiny “is not ‘watered do...

Today's episode is part-10 of a multi-part series about what you can to do help protect and foster respect for religious freedom.  One thing we can all do is pray for God's guidance about what we should do and then have the courage to act on the direction we receive.   Below is a list of the prior past nine episodes about what regular, run-of-the-mill people can do to defend and foster respect for...

April is Spring and that means softball season.  So in honor of that, let’s throw up a softball quiz that you can knock out of the park!    Religion Law Quiz #56 talked about Lemon v. Kurtzman, 403 U. S. 602, 91 S.Ct. 2105, 29 L.Ed.2d 745 (1971).  In 2022 there was a Supreme Court decision which many people viewed as noting that the Lemon analysis is dead.  What was that decision?    (Scroll down...

Religion Law Quiz #71 talked about ethical Rule 6.5 and limited scope representation when doing pro bono work.  What are examples of limited scope representation?    (Scroll down for the answer)   Answer: Examples of limited scope representation include (but are not limited to) the following:   —Providing information —Giving brief advice and referral —Drafting simple contracts —Filling out forms —...

Rhonda has heard a lot of passionate arguments about the recently passed Respect for Marriage Act.  Rhonda wants to rise above culture war bickering and get a more objective understanding of the Act and its potential ramifications.  Where should Rhonda turn to find more information on this important topic?    (Scroll down for the answer)   Answer: Rhonda should consider studying the forthcoming la...

For the moment, this is the last part of our sub-series about what regular, run-of-the-mill people can do to help create respect for religious freedom and to also protect and defend it.  The simple answer is: Get Involved!  Don’t just preach to the choir.  Role up your sleeves.  Go to work.  Find an organization that is involved in the community and volunteer.  This might mean becoming a member of...

Are you getting tired of Religion Law Quizzes and pro bono issues?  Hopefully not.  Today’s Religion Law Quiz is an important one with respect to ethical issues for attorneys.  Let’s see how you do.    Tina, Jeff and Ahmad are all of different faiths.  Tina is Catholic, Jeff is Baptist and Ahmad is Muslim.  Each feels a keen sense of a need to provide pro bono assistance to the less fortunate.  Ea...

Does air pollution violate the rights of city residents to exercise their religion?    Let’s look at a recent case from Kalamazoo, Michigan.  Here are pertinent facts as stated by the Court:   This is a civil rights action by residents of Kalamazoo, Michigan, against a variety of state, federal, and private defendants. Before the Court are motions to dismiss by different sets of defendants (ECF No...

What are the two issues that the Supreme Court asked to be addressed in the Groff v. DeJoy case?    (Scroll down for the answer)   Answer:   The answer to this question can be found on the SCOTUSblog:   Issues: (1) Whether the court should disapprove the more-than-de-minimis-cost test for refusing religious accommodations under  Title VII of the Civil Rights Act of 1964  stated in  Trans World Air...

How can you increase respect for religious freedom?  Find ways that you can tie your work to religion.  --Is your business faith friendly?  --Are there aspects of trade associations where you can talk about the intersection of your work and religion?  --Can you show your boss how respecting religion is good for the bottom line?  --What else can you think of?    Here is a listing of our past seven...

Regardless of one’s religious belief (or non-belief), most people recognize the need to help the poor and needy.  There are many wonderful organizations that strive to do this in different ways.  In the legal profession that takes the form of pro bono assistance.  How many different groups in our area can you identify that assist with pro bono work?    Bonus Question: Of the groups you identified,...

Religion Law Quiz #67   Hate crimes are ugly and wrong.  Unfortunately, people of faith and religious institutions have been the subject of hate crimes in the past.  How many codifications of hate crimes under federal and state (MO & KS) can you identify?   (Scroll down for the answer)   Answer: Here is a list of some hate crimes.  I do not know if this is comprehensive.  Federal 18 U.S.C.A. §...

Are you getting tired of Religion Law Quizzes and bankruptcy?  If so, I apologize.  This will be the last one for a while.  Knowing the answer to this one is important if the U.S. economy slides into a recession and if charitable donations decrease in the recession (as has historically happened in the past).  So, with that in mind, let's see how you do on today's quiz (which has a surprising twist...

What is another simple way that a lay person can promote and defend religious freedom?  We can promote and defend religious freedom by participating in events that publicly promote the exercise of religion.  Examples of these events include:                 --Mayor prayer breakfasts               --Conference discussion law and religious freedom               --Religious freedom proclamation event...

Today's Religion Law Quiz is quite fascinating as it involves the intersection of religious practice and bankruptcy law (specifically, the automatic stay).  The following facts come from In re Congregation Birchos Yosef, 535 B.R. 629, 631–32 (Bankr. S.D.N.Y. 2015):   After filing this chapter 11 case, the Debtor commenced an adversary proceeding in this Court against Bais Chinuch L'Bonois, Inc. [(...

Tom and Jenny (husband and wife) have made some financial mistakes and have been forced to file for Chapter 13 bankruptcy.  To discharge their debts in Chapter 13 the debtors must pay their disposable income to their creditors for at least 36-months.  Tom and Jenny are also religiously devoted and desire to pay 10% of their gross income as tithing to their church (which, over a three-year period,...

Today’s Religion Law Quiz was inspired by an active reader of the Religion Law Quizzes who brought to my attention the concept that is the subject of today’s quiz.    What is the “freedom of expressive association”?    (Scroll down for the answer)   Answer: Here’s how the Seventh Circuit Court of Appeals defined that right in a 2005 decision where it stated:    The first, freedom of expressive ass...

What level of scrutiny do courts apply when considering whether a government restriction is appropriate when based on an organization’s religious character?     (Scroll down for the answer)   Answer: Strict scrutiny.  Consider the following quote from the Supreme Court:   Most recently, Trinity Lutheran distilled these and other decisions to the same effect into the “unremarkable” conclusion that...

As the sixth installment of our series on Defending & Protecting Religious Freedom we discuss today about the importance of becoming educated.  A couple of extremely helpful links are below along with links to prior episodes in this series. https://www.religlaw.org/headlines   https://religionclause.blogspot.com/     50 Part 1 – Tie Your Actions to Religion https://religionlawquiz.podbean.com/...