Use of Public School Property by Students for Religious Purposes Key point 13-07. Public school property may be used during noninstructional hours by students for
Sunday Closing Laws Key point 13-08. Local ordinances requiring some or all businesses to be closed on Sundays
The Right to Refuse Medical Treatment Key point 13-09. Competent adults have the right to refuse medical treatment on the basis
Definition of “Religion” and “Religious” Key point 13-10. The courts have defined the terms “religion” and “religious” broadly. Occasionally it
The Lemon Test Key point 12-01.01. For decades, the most commonly applied test for evaluating the validity of
The Religious Freedom Restoration Act Key point 12-02.02. Congress enacted the Religious Freedom Restoration Act to prevent the government from
The City of Boerne Case Key point 12-02.03. In the City of Boerne case (1997), the Supreme Court ruled that
Conclusions The following rules summarize the current interpretation of the First Amendment guaranty of religious freedom,
The Establishment Clause The clearest evidence that the framers of the First Amendment’s Establishment Clause intended only to
The Free Exercise Clause The First Amendment specifies that “Congress shall make no law … prohibiting the free exercise
Court Decisions Rejecting Negligent Supervision Claims Key point 10-09.02. Some courts have found churches not liable on the basis of negligent
Court Decisions Recognizing Negligent Supervision Claims Key point 10-10.01. Some courts have found churches liable on the basis of negligent supervision
Court Decisions Recognizing Vicarious Liability Key point 10-18.01. Some courts have found denominational agencies liable for the acts of affiliated
Court Decisions Rejecting Vicarious Liability Key point 10-18.02. Most courts have refused to hold denominational agencies liable for the acts
Defenses to Liability Key point 10-18.03. There are several legal defenses available to a denominational agency that is
Defamation Key point 10-15. The First Amendment limits, but does not eliminate, a church’s liability for
Infringement Key point 9-05.04. Copyright infringement occurs when one violates any one or more of the
Introduction The amenability of churches to some governmental regulation is not seriously disputed. For example, few