The Religion Law Quiz Podcast

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?    (Scroll down for the answer)   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 agai...

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.    (Scroll down for the answer)   Answer: False.  Here’s what the Supreme Court has said in this regard.    We have repeatedly held tha...

“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 otherwis...

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

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 de...

Where can you subscribe to free, comprehensive religion law-related stories with perspectives across the political spectrum?     (Scroll down for the answer)   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....

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?    (Scroll down for the answer)   Answer:  Here is how the Supreme Court identified the six categories in 2019:   W...

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 pri...

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? ...

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...

Today's Religion Law Quiz builds on Religion Law Quiz #53.  As you'll recall, Gina's client asked her about how it could measure how well it is doing from a DE&I perspective when it comes to employees of faith.  The client completed the survey for the Corporate Religious Equity, Diversity & Inclusion (REDI) Index and found it is doing quite well.  Recognizing that recruiting and retaining...

Gina is outside employment counsel to a moderately sized business, and she regularly advises her client on diversity, equity and inclusion issues.  Her client genuinely strives to employ DE&I principles in the workplace for everyone, including those who identify as LGBTQ+ and racial minorities.  Recently, one thing that has been bothering the head of HR is that the company does not seem to hav...

According to the Supreme Court, what is the purpose of the Religion Clauses of the Constitution?    (Scroll down for the answer)             Answer: “The Religion Clauses of the Constitution aim to foster a society in which people of all beliefs can live together harmoniously…” American Legion v. American Humanist Association, 139 S.Ct. 2067, 2074 (2019).    Disclaimer: The Religion Law Quizzes ar...

Larry, Janet and Gina are each attorneys.  Larry works for the state, Janet is in-house counsel for a corporation and Gina does med-mal defense work.  When they attend church and other civic events they are regularly hit with questions like, "Oh, you are an attorney.  Please tell me about this religious issue in my child's school."  or "Please tell me what to do about this religious issue at work....

One simple way to protect and defend religious freedom is to talk about the good that religion does.  News stories tend to focus on negative rather than positive things.  Frequently, when we hear about religion in the news it often is because of some wrong that someone or some group has done.  But far, far too often the news does not report the incredible good that people of faith do.  These quiet...

Does the cross have any secular purpose?      (Scroll down for the answer)     According to the Supreme Court, the answer is “Yes.”  Here’s what the Supreme Court stated in 2019.    The cross came into widespread use as a symbol of Christianity by the fourth century, and it retains that meaning today. But there are many contexts in which the symbol has also taken on a secular meaning. Indeed, ther...

Can a prosecutor secretly record an accused person's confession to his or her spiritual leader and then use that taped confession to help convict the person of the heinous crime that has been committed?    (Scroll down for the answer)       Answer: No.  The Ninth Circuit Court of Appeals decision in Mockaitis v. Harcleroad, 104 F.3d 1522 (9th Cir. 1997) (overruled on other grounds by City of Boern...

The empirical evidence is that congregationalist churches tend to have more financial difficulties than hierarchical churches.  When a church is facing financial difficulties, what is the typical process that its leader goes through before finally addressing the problem?    (Scroll down for the answer)   A 2015 Ohio State Law Journal article by Professor Pamela Foohey analyzed the process that chu...

Religious schisms in churches happen from time to time.  In more extreme situations, this will cause a number of people to leave a particular church.  That, in turn, raises a critical question: Who controls the church's property?  The general rule on this question is the same in Kansas and Missouri.  What is it?    (Scroll down for the answer)       Consider the following cases from Kansas and Mis...

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 2) gives the second suggestion: Share how religion helps you.  This idea was inspired b...

The last few Religion Law Quizzes have focused on prayer at the beginning of legislative sessions and town meetings.  But it is important to remember that, in any given legislative session or town meeting, there will be people who may not want to join in the expression of prayer or approve of its content.  How has the Supreme Court addressed this issue?    (Scroll down for the answer)   The Suprem...

A few of the recent the Religion Law Quizzes have focused on prayer at the beginning of legislative sessions and town meetings.  According to the Supreme Court, who is the principal audience for these prayers?   (Scroll down for the answer)         Here’s what the Supreme Court said: “The principal audience for these invocations is not, indeed, the public but lawmakers themselves, who may find tha...

In a prior Religion Law Quiz we learned that Congress and state legislatures can open their session with prayer.  For people that are asked to offer such a prayer, can they use words that are unique or particular to their belief as part of their prayer?    (Scroll down for the answer)           Answer: Yes.  Consider what the Supreme Court had to say in that regard in the blurb below.  It is also...

True or False: The First Amendment is not a majority rule, and government may not seek to define permissible categories of religious speech.   (Scroll down for the answer)       Answer: True.  This quote comes from a 2014 Supreme Court case:   The First Amendment is not a majority rule, and government may not seek to define permissible categories of religious speech. Once it invites prayer into th...

What is the role of history in interpreting and applying the Establishment Clause?    (Scroll down for the answer)           Here's what the Supreme Court said about that in 2014:   [Marsh v. Chambers, 463 U.S. 783, 103 S.Ct. 3330, 77 L.Ed.2d 1019 (1983)] teaches instead that the Establishment Clause must be interpreted “by reference to historical practices and understandings.” County of Allegheny...