CHAPTER 2

• Jurisdiction: Oregon

Chapter 2 THE RELIGION CLAUSES

CHARLES F. HINKLE, B.A., Stanford University (1964); M.Div., Union Theological Seminary (1968); J.D., Yale Law School (1971); admitted to the Oregon State Bar in 1971; retired partner, Stoel Rives LLP, Portland.

CRYSTAL S. CHASE, B.A., Georgetown University (2006); J.D., Lewis & Clark Law School (2009); admitted to the Oregon State Bar in 2009; partner, Stoel Rives LLP, Portland.

§ 2.1 INTRODUCTION

§ 2.2 ARTICLE I, SECTIONS 2 AND 3: FREEDOM OF CONSCIENCE AND RELIGIOUS OPINION

§ 2.2-1 The Oregon Supreme Court Interprets Article I, Sections 2 and 3, Independently of the First Amendment

§ 2.2-2 Article I, Sections 2 and 3, Restrict Governmental Action, Not Private Conduct

§ 2.2-3 Article I, Sections 2 and 3, Protect Religion and Irreligion Alike

§ 2.2-3(a) Equality: Government May Not Treat One Religion Differently from Another

§ 2.2-3(b) Neutrality: In Most Cases, Government May Neither Treat Religion Differently from Irreligion nor Distinguish Among Varieties of Religious Belief

§ 2.2-3(c) Neutrality: Government May Apply Neutral Laws That Burden Free Exercise of Religion

§ 2.2-3(c)(1) Unemployment Compensation

§ 2.2-3(c)(2) Employment Discrimination

§ 2.2-3(c)(3) Public Accommodations

§ 2.2-3(c)(4) Parent-Child Relationships

§ 2.2-3(c)(5) Restrictions on Public Religious Gatherings

§ 2.2-3(d) Neutrality: A Statute That Targets Religion May Be Upheld If It Helps Achieve the Goal of Neutrality

§ 2.2-4 The Oregon Supreme Court Applies a Balancing Test in Determining Whether the Application of Neutral Laws to Religiously Motivated Conduct Violates Article I, Sections 2 and 3

§ 2.2-4(a) The Early Years: The Court Adopts a Balancing Test

§ 2.2-4(b) The Court Casts Doubt on a...