The Religion Law Quiz Podcast

Why is it that Congress and other state legislatures can open their session with prayer without running afoul of the Establishment Clause?    (Scroll down for the answer)           The U.S. Supreme Court answered this question in 2014 in Town of Greece, N.Y. v. Galloway when it stated:   In Marsh v. Chambers, 463 U.S. 783, 103 S.Ct. 3330, the Court found no First Amendment violation in the Nebrask...

Whenever we hear about religion and the Constitution we instinctively think of the First Amendment.  But there is another provision in the U.S. Constitution that also deals with religion.  Where is that other reference and what does it provide?    (Scroll down for the answer)         The language comes from the very last paragraph of Article VI of the Constitution.  It provides:   The Senators and...

Today's Religion Law Quiz dives into the world of evidence.  Do either Missouri and/or Kansas have a priest-penitent privilege and, if so, where is it codified?   (Scroll down for the answer)         Both Missouri and Kansas have statutorily enacted the Priest-Penitent privilege.  The applicable statutes are listed below.    Missouri 491.060.  Persons incompetent to testify — exceptions, children...

True or False: If a debtor-religious organization transfers certain property (as part of its plan of reorganization) to another entity and there is subsequently a challenge as to who controls that new religious entity with the property, the Bankruptcy Court has subject matter jurisdiction to consider the dispute?    (Scroll down for the answer)           Answer: True.  This was the situation from...

The Respect for Marriage Act was enacted on December 13, 2022.  What amendments to the United States Code did the Respect for Marriage Act make and what protections for religious freedom were included in the Respect for Marriage Act?   (Scroll down for the answer)             Answer: Please see the text from PL 117-228, December 13, 2022, 136 Stat 2305.  Relevant portions are included below.  http...

What religious freedoms are you thankful for?  Stated alternatively, how would your life be different without religious freedom?   (Scroll down for the answer)         Congratulations! Today, you score 100% on this Quiz.  I invite and encourage you to express to someone the religious freedoms for which you are thankful.  I also invite you to think about how your life would be different if you did...

In 2019 the Supreme Court identified four considerations which show that retaining religiously expressive monuments that were previously established is very different from adopting or erecting new ones.  What were the four considerations that the Supreme Court identified?    (Scroll down for the answer)                 The answer can be seen in the following blurb which comes from the Court’s syno...

When a person believes that his or her First Amendment rights have been violated by a state government employee acting “under color of state law,” what is the citation for the federal statute that allows the person to bring a lawsuit to enforce his or her existing civil rights?    (Scroll down for the answer)           Answer: 42 U.S.C. § 1983 Civil action for deprivation of rights   Every person...

True or False: When a police officer validly arrests a suspect and orders the suspect to get into the police vehicle, the suspect can temporarily pause the process by insisting on being allowed time to offer a brief prayer (consistent with the First Amendment protections for free speech and the free exercise of religion)?    (Scroll down for the answer)           Answer: False.  The Supreme Court...

How do you define "religious freedom"?    (Scroll down for the answer)       In November 2022 I ran this search in Westlaw using the following search parameters: wp("religious freedom").  Surprisingly, there were only nine hits.  The below case citation was one of the top hits.    "The right of religious freedom embraces not only the right to worship God according to the dictates of one's conscien...

"Hallelujah!!!" Pastor John exclaimed.  It just dawned on the pastor that if a central tenet of his denomination is that the payment of taxes is wrong, then members of his church can claim a religious exemption to paying state and federal taxes thereby enabling them to better support themselves and the poor and needy.  Alas, this pastor is headed for a fast realization that his plan won't work.  W...

Religion Law Quiz #27 noted that the Supreme Court ruled in favor of baker Jack Phillips in Masterpiece Cakeshop, Ltd. v. Colorado C.R. Comm'n because the Colorado Civil Rights Commission had not been religiously neutral in its determination.  What were the factors that the Supreme Court cited that are relevant to the assessment of government neutrality?    (Scroll down for the answer)           T...

Religion Law Quiz #25 noted the two big issues with which the Supreme Court was faced to reconcile in Masterpiece Cakeshop, Ltd. v. Colorado C.R. Comm'n, but ultimately the Court did not do the reconciliation of those principles.  Why was that?    (Scroll down for the answer)           The reason is because the Court found that the Colorado Civil Rights Commission had not been religiously neutral...

The Supreme Court's 2018 Masterpiece Cakeshop decision recognized "that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth."  Masterpiece Cakeshop, Ltd. v. Colorado C.R. Comm'n, 201 L. Ed. 2d 35, 138 S. Ct. 1719, 1727 (2018).  The Supreme Court then reiterated legal principles related to that.  What did the Supreme Court say in that regard?    (Scr...

Religion Law Quiz #50 asks the basic question about what can a regular, run-of-the-mill person do to protect and defend religious freedom.   I have some specific thoughts on this very important question, and I will be addressing it in a series of periodic episodes over the next few weeks.  Today’s episode (Part 1) gives the first suggestion: Tie your actions to religion.  As increasing numbers of...

The Supreme Court's 2018 Masterpiece Cakeshop decision presented the Court with questions regarding the proper reconciliation of two principles.  What were those two principles?    (Scroll down for the answer)       Here is what the majority opinion said:   The case presents difficult questions as to the proper reconciliation of at least two principles. The first is the authority of a State and it...

The term "odious" is not a frequently used word, but it found its way into the Supreme Court's Trinity Lutheran decision.  What did the Supreme Court find to be so odious?    (Scroll down for the answer)           Answer: Trinity Lutheran had qualified for a governmental grant to receive recycled tires to be used with playground equipment.  But the State of Missouri had denied the application simp...

True or False: A state violates the Free Exercise Clause of the First Amendment when it expressly denies a qualified religious entity a public benefit solely because of its religious character.   (Scroll down for the answer)         Answer: True.  "The State has pursued its preferred policy to the point of expressly denying a qualified religious entity a public benefit solely because of its religi...

What limitation is imposed when a state wants to impose an even greater separation of church and State than that ensured under the Establishment Clause?    (Scroll down for the answer)           Answer: The Free Exercise Clause of the First Amendment.  Here's what the Supreme Court said about that in 2017:   "As we said when considering Missouri’s same policy preference on a prior occasion, the st...

Under what circumstances is a governmental entity lawfully permitted under the First Amendment to discriminate against a religious institution?   A For a state interest that is of the strictest order. B For a state interest that is most narrowly tailored.  C For a state interest that is of the greatest concern.  D For a state interest that is of the highest order.    (Scroll down for the answer)  ...

Legally speaking, how is the phrase “religious exercise” defined?    (Scroll down for the answer)           Under RLUIPA Congress has defined “religious exercise” very broadly to include “any exercise of religion, whether or not compelled by, or central to, a system of religious belief.”  42 U.S.C.   § 2000cc–5(7)(A).   Disclaimer: The Religion Law Quizzes are provided as a service to you. They ar...

Let's do a multiple choice Religion Law Quiz today! Which of the following statements is the correct one?    A The Free Exercise Clause protects against direct coercion or penalties on the free exercise of religion. B The Free Exercise Clause protects against indirect coercion or penalties on the free exercise of religion, not just outright prohibitions. C The Free Exercise Clause protects against...

Are employers required to accommodate the religious beliefs and practices of applicants and employees?   (Scroll down for the answer)         Answer: This question (and its answer) comes from the U.S. Equal Employment Opportunity Commission at the following website: https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation   (last visited January 13, 2024).  Here's...

True or False: A church’s determination regarding an ecclesiastical matter will be binding on a civil court.    (Scroll down for the answer)           Answer: True.  Ecclesiastical matters include doctrines, creeds, forms of worship, church laws and regulations, membership in the church, church discipline, excommunication/expulsion from the church, appointment/removal of a pastor; employment (hiri...

Today's quiz is short.  How are RLUIPA and RFRA similar?   (Scroll down for the answer)           RLUIPA allows prisoners “to seek religious accommodations pursuant to the same standard as set forth in RFRA.”  Gonzales v. O Centro Espírita Beneficente Uniõ do Vegetal, 546 U.S. 418, 436, 126 S.Ct. 1211, 163 L.Ed.2d 1017 (2006).   Remember, the Supreme Court has stated:   RFRA prohibits the “Gover...