CHAPTER 2 THE RELIGION CLAUSES
Jurisdiction | Oregon |
Charles F. Hinkle, B.A., Stanford University (1964); M.Div., Union Theological Seminary (1968); J.D., Yale Law School (1971); member of the Oregon State Bar since 1971; retired partner, Stoel Rives LLP, Portland.
§2.1 INTRODUCTION.....................................................................2-3
§2.2 ARTICLE I, SECTIONS 2 AND 3: FREEDOM OF CONSCIENCE AND RELIGIOUS OPINION.........................2-3
§2.2-1 The Oregon Supreme Court Interprets Article I, Sections 2 and 3, Independently of the First Amendment...................................................................2-3
§2.2-2 Article I, Sections 2 and 3, Restrict Governmental Action, Not Private Conduct................2-5
§2.2-3 Article I, Sections 2 and 3, Protect Religion and Irreligion Alike .............................................................2-5
§2.2-3(a) Equality: Government May Not Treat One Religion or Religious Organization Differently from Another.................................. 2-5
§2.2-3(b) Neutrality: Government May Not Treat Religion Differently from Irreligion.................2-7
§2.2-3(c) Neutrality: Government Can Apply Neutral Laws That Burden Free Exercise of Religion .......................................... 2-7
§2.2-3(d) Neutrality: A Nonneutral Statute May Be Upheld if It Helps Achieve the Goal of Neutrality......................................................2-9
§2.2-4 The Oregon Supreme Court Applies a Balancing Test in Determining Whether Governmental Action Violates Article I, Sections 2 and 3..........................................................2-11
§2.2-4(a) The Early Years: The Court Adopts a Balancing Test................................................. 2-11
§2.2-4(b) The Court Casts Doubt on a Balancing Test ..................................................................2-11
§2.2-4(c) The Court Reverts to a Balancing Test...........2-13
§2.3 ARTICLE I, SECTION 4: NO RELIGIOUS TEST FOR OFFICE...........................................................................2-15
§2.4...
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- Chapter 2 The Religion Clauses
- CHAPTER 2 THE RELIGION CLAUSES
- Chapter §2.1 INTRODUCTION
- Chapter §2.2 ARTICLE I, SECTIONS 2 AND 3: FREEDOM OF CONSCIENCE AND RELIGIOUS OPINION
- Chapter §2.3 ARTICLE I, SECTION 4: NO RELIGIOUS TEST FOR OFFICE
- Chapter §2.4 ARTICLE I, SECTION 5: NO TAXPAYER SUPPORT OF RELIGION
- Chapter §2.5 ARTICLE I, SECTION 6: NO RELIGIOUS TEST FOR WITNESSES AND JURORS
- Chapter §2.6 ARTICLE I, SECTION 7: OATHS AND AFFIRMATIONS
- Chapter §2.7 ARTICLE X, SECTION 2: CONSCIENTIOUS OBJECTION
- APPENDIX 2A WELLS V. IVANCIE, TRANSCRIPT OF ORAL OPINION
- APPENDIX 2B MCCRACKEN V. MCROBERT, TEMPORARY RESTRAINING ORDER AND JUDGMENT
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