Practice Multiple Choice Questions (complete and submit for answer key) Name * First Name Last Name Email * 1. Which of the following categories are least related to one another? (A) Free exercise and anti-establishment (B) Neutrality and general applicability (C) Narrow tailoring and least restrictive means (D) Substantial burden and sincerity (E) Sherbert test and RFRA test 2. The biggest establishment concern with holiday displays is: (A) Secular purpose (B) Endorsement (C) Coercion (D) All of the above (E) None of the above 3. Of the following, the most likely to support vouchers for religious schools is: (A) John Locke (B) Thomas Jefferson (C) Americans United for the Separation of Church and State (D) Baptists in 1789 (E) George Washington 4. The biggest weakness of formal neutrality is that it: (A) Risks neglecting the views of religious minorities (B) Requires religion to be treated neutrally in statutory texts (C) Risks establishing a state religion (D) Prioritizes free exercise over establishment (E) Never aligns with substantive neutrality 5. Which of the following two cases are most easily reconcilable with each other? (A) Wisconsin v. Yoder and Employment Division v. Smith (B) Braunfeld v. Brown and Sherbert v. Verner (C) Employment Division v. Smith and Church of the Lukumi Babalu Aye v. Hialeah (D) Reynolds v. United States and American Legion v. American Humanist Association (E) Locke v. Davey and Trinity Lutheran v. Comer 6. Jim and Susie Thompson held Bible studies in their home with up to 50 people attending. In June 2014, they were fined $500 for violating a city ordinance prohibiting groups of three or more from meeting without a permit. Their best legal argument would be based on: (A) RFRA (B) RLUIPA (C) Hybrid rights (D) No coercion (E) Exigent circumstances 7. Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act in March 2020 to provide emergency financial assistance to individuals and institutions affected by the economic fallout from the COVID-19 virus. One of the programs established under the Act authorizes the Small Business Administration (SBA) to administer loans to small businesses and nonprofit organizations with 500 or fewer employees. On April 3, 2020, the SBA issued the following guidance about the eligibility of faith-based organizations for these loans: "Under SBA’s regulations, an affiliation may arise among entities in various ways, including from common ownership, common management, or identity of interest. These regulations are applicable to applicants for [CARES Act] loans. Some faith-based organizations likely would qualify as “affiliated” with other entities under the applicable affiliation rules. Entities that are affiliated according to SBA’s affiliation rules must add up their employee numbers in determining whether they have 500 or fewer employees. But regulations must be applied consistent with constitutional and statutory religious freedom protections. If the connection between your organization and another entity that would constitute an affiliation is based on a religious teaching or belief or is otherwise a part of the exercise of religion, your organization qualifies for an exemption from the affiliation rules. For example, if your faith-based organization affiliates with another organization because of your organization’s religious beliefs about church authority or internal constitution, or because the legal, financial, or other structural relationships between your organization and other organizations reflect an expression of such beliefs, your organization would qualify for the exemption. If, however, your faith-based organization is affiliated with other organizations solely for non-religious reasons, such as administrative convenience, then your organization would be subject to the affiliation rules. SBA will not assess, and will not permit participating lenders to assess, the reasonableness of the faith-based organization’s good-faith determination that this exception applies." The SBA’s guidance: (A) Recognizes the importance of denominational neutrality (B) Is formally neutral (C) Attempts to avoid excessive entanglement (D) All of the above (E) A and C Answer Key:1) D2) B3) E4) A5) C6) B7) E