Philippine Bar review · Question

Practice question: Non-establishment and Free Exercise Clauses

Multiple Choice Hard

Practice question

A court employee seeks a religious accommodation from a disciplinary rule and establishes a sincere religious burden. Officials reject the request solely because any accommodation would necessarily establish religion, without examining the governmental interest or less restrictive alternatives. Which principle from Escritor answers that categorical position?
  1. All religious claims automatically prevail
  2. Public employees are excluded from religious liberty
  3. Benevolent neutrality permits a constitutionally justified accommodation analysis rather than automatic rejection
  4. Only majority religions may request relief
  5. Courts must decide which belief is spiritually true

Legal references

  • Estrada v. Escritor, A.M. No. P-02-1651, June 22, 2006, main opinion: https://lawphil.net/judjuris/juri2006/jun2006/am_p-02-1651_2006.html

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