Examination number ____________


Religious Liberty, 642L

Professor Carl H. Esbeck Winter Semester 2004

Directions to Essay Examination (2 hours and 30 minutes)

Write your answer in the bluebook provided.  Use a pen with blue or black ink. Write on only one side of each page.  Do not tear pages out of the bluebook.  Do not use the pages of the bluebook for scratch paper.  Do not insert your scratch paper in your bluebook.

Arrange your answers in the bluebook in sequential order; that is, put Question 1 first, then Question 2, then Question 3, and etc.

Place your student examination number in the upper, right-hand corner of this examination. When finished, return both your bluebook and this examination.

You may bring with you to the examination only your casebook, photocopied handouts, and your own classroom notes. You may also bring a course outline if it is entirely your own work product.

The Honor Code applies to this examination.


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Essay Examination (2 hours and 30 minutes)

Question 1 (30 minutes): Assume the City of Cleveland, Ohio, adopts a Historic Landmark Preservation ordinance. To qualify as a A historic landmark@ a building must be: (a) of significant architectural design that is older than fifty years, (b) the venue of an event of historical importance, or (c) the former residence of a historically important person. The ordinance provides that any building that is designated as a historic landmark cannot be demolished or renovated without special approval of the Municipal Zoning Board. Approval for renovation will be granted only if the historic significance of the building is preserved at the owner= s expense. Churches and other houses of worship are exempt.

(A) Is the ordinance consistent with the First Amendment? Does anyone have standing to sue? Explain.

(B) Is it possible to reconcile the constitutionality of the exemption in this ordinance with the constitutionality of the educational voucher plan upheld in Zelman v. Simmons-Harris (2002)? Explain.




Question 2 (30 minutes): An oft-quoted passage from Everson v. Board of Education, 330 U.S. 1, 15-16 (1947), is as follows:

The A establishment of religion@ clause of the First Amendment means at least this: Neither a state nor the Federal government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form [such institutions] may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa.

Are there parts of this quotation that are not correct statements of the law today? Explain.






Question 3 (30 minutes): On April 6, 2004, the Associated Press issued the news story that appears below. Assume Albert Buonanno brought his suit under a federal civil rights law that prohibits employment discrimination based on an employee= s religious beliefs. Employers that operate channels or instrumentalities of interstate commerce are subject to the law.




Is imposing liability on AT&T Broadband/Comcast consistent with the First Amendment? Explain.


Question 4 (60 minutes): From time to time the U.S. Supreme Court has referred to the A Virginia experience@ of 1784 to January 1786.

(A) Describe the primary issues and events of the A Virginia experience,@ including the role of any prominent people and organizations.

(B) Critique the use of the A Virginia experience@ by the U.S. Supreme Court since the time of Everson v. Board of Education (1947), to the present. [Critique means to praise, criticize, or do both, as appropriate.]


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Turn in both your examination and your bluebook.