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FAQs >
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The First Amendment says nothing about 'separation of church and state' or a ‘wall of separation between church and state.’ Where did this idea come from? Is it really part of the law?
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What is the 'Lemon test' for religious mottos and displays in public settings?
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Aren't the Ten Commandments posted in the U.S. Supreme Court chamber?
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Are religious displays on public property such as Ten Commandments in historical-documents exhibits legal?
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Are religious holiday displays on public property constitutional?
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A public employee wishes to convert a fellow employee to his religion. Does he have a First Amendment right to proselytize?
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My faith forbids me to work on Sundays, but my workplace is open and I’m expected to be there. What are my rights?
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May a religious group that receives funds to administer a homeless shelter discriminate in hiring on the basis of religion or adherence to religious doctrines?
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May the government constitutionally place conditions on religious tax exemptions?
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Yes. The Internal Revenue Service requires that 501(c)(3) nonprofit organizations (a category that includes tax-exempt religious organizations) refrain from partisan politicking if they are to receive tax-exempt status. The U.S. Circuit Court of Appeals for the District of Columbia held in Branch Ministries v. Rossotti (2000) that a religious institution had no affirmative right to a tax exemption and that the IRS was justified in conditioning a church’s tax-exempt status on its willingness to abstain from political advocacy. In 1992, the church took out a newspaper ad to ask Christians to vote against then-governor Bill Clinton because of his political stances, also including a request for donations to the ministry. The court determined that this sort of political advocacy was not central to the church’s religious practice, and therefore restraining from such speech was not a burden on its free-exercise rights.
The government may also condition tax exemptions on compliance with government policies. In the Supreme Court's 1983 decision in Bob Jones University v. United States, the university's tax-exempt status was revoked because the school enforced racially discriminatory policies. Questions remain as to whether legislatures or administrative agencies can condition exemptions on an organization’s promise not to discriminate on the basis of religion or sexual orientation, aspects of which might legitimately relate to the organization’s religious beliefs.
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Are religious organizations allowed to lobby for or against legislation?
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Can federally funded senior centers include religious activities as part of their programs or services?
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How, if at all, can federally funded senior centers provide religious activities to those who want to participate?
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Can federally funded senior centers use religious beliefs to discriminate in deciding to whom to provide services?
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Does the Supreme Court's holding in Marsh mean that any plan for providing a legislature with a chaplain paid with public funds will be constitutional?
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May my state pass a voucher program in which some vouchers are used at religious schools?
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May a non-custodial parent be told not to expose a child to a religion other than the religion practiced by the custodial parent?
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Do religious institutions have a free-exercise right to tax exemptions?
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If a prisoner who practiced the Sikh religion asked to wear a kirpan (small dagger), saying he needed to wear the kirpan to express his religious faith, must prison officials grant the request?
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If the Supreme Court struck down Congress' attempt to protect religious liberties in the Religious Freedom Restoration Act, why wouldn't it just do the same thing with RLUIPA?
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Should society care about inmates' religious rights?
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Have there been any rulings yet on RLUIPA’s constitutionality?
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Do cities have the right to restrict the number of churches?
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Has the Supreme Court ruled on the constitutionality of religious exemptions to state-compelled vaccination?
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Which states require immunizations for public schoolchildren, and which offer religious exemptions?
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How are exemption requests evaluated?
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Are religious exemptions the only way to opt out of mandatory vaccination?
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Can the government ever interfere with someone's religious practices?
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May states be required to grant exemptions for business owners whose Sabbath requires them to close their business on another day?
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May states choose only certain types of businesses to be closed on Sundays?
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Are state holidays constitutional when they are directly tied to some religious observance?
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Has the Supreme Court defined 'religion'?
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