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Separation of Church and State and exericse of religion.

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1. What limitations are there on the exercise of religion in institutions that accept government funds?

2. To what extent may government be involved with higher education institutions affiliated with religious organizations?

3. What does the First Amendment "free exercise clause" mandate?

4. What does the First Amendment "establishment clause" mandate?

5. How can these two clauses be reconciled?

6. What differences between private and church-related institutions are mandated in state-private sector relations?

7. When does a private institution become public?

8. When does the Fourteenth Amendment apply to private institutions?

9. What happens when the relationship involves the federal government or is there "federal action"?

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Solution Summary

This solution provides students with the paradigms established by the Supreme Court and the constitution on the separation of Church and State for government funding of religious entities.

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http://caselaw.lp.findlaw.com/data/constitution/amendment01/05.html

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/estabinto.htm

1. If accepting government money, institutions must adhere to the freedom of exercise for all religions. Any discrimination by religious entities that accept government funding would violate the constitution.

2. If the higher education institution is an institution that does not accept government funds, they are largely exempt from the requirements of adhering to many provisions in the constitution. Therefore, a school such as Bob Jones University was legally able to outlaw interracial dating until the year 2000 because they operated as a private religious institution that did not receive any funds from the federal government. The government could not ...

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  • Masters of Science , Kaplan University
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