Reference no: EM133857173

Question

The city of Redwood recently passed the Public Employee Neutrality Act, which prohibits all government employees from engaging in any form of religious expression while on duty. The law was enacted to ensure that government workplaces remain neutral and to prevent the perception that the government is endorsing religion. The law applies to all public employees, including teachers, firefighters, police officers, and city officials.

After the law took effect, Sarah, a high school teacher, and James, a firefighter, were both disciplined under the policy:

Sarah was suspended after she prayed silently at her desk during lunch. No students were involved, but a fellow teacher saw her and reported it.

James was reprimanded after he knelt in silent prayer outside the firehouse before beginning his shift. His prayer was personal and not directed at anyone, though a few colleagues noticed and later complained.

Both Sarah and James filed lawsuits in federal court, alleging that the Public Employee Neutrality Act violates their First Amendment right to free exercise of religion.

The city of Redwood defends the law, arguing that the law is necessary to maintain government neutrality toward religion, consistent with the Establishment Clause. Secondly, allowing public employees to engage in religious expression while on duty would create a perception of government endorsement of religion. Finally, unlike Kennedy v. Bremerton School District, these individuals were not in their personal capacities but acting as government employees.

The plaintiffs argue that the law impermissibly burdens their free exercise of religion by preventing them from engaging in personal, private religious practices. Secondly, the government is not neutral but instead hostile toward religion by singling it out for prohibition. Finally, their cases are factually similar to Bremerton, where the Supreme Court protected a public employee's right to engage in religious expression in a personal capacity.

1. What legal standard should the court apply when evaluating the Public Employee Neutrality Act under the Free Exercise Clause?

2. Does the Public Employee Neutrality Act violate Sarah and James's First Amendment rights under the Free Exercise Clause? Why or why not?

3. How does Kennedy v. Bremerton School District affect the outcome of this case?

4. Would the analysis change if Sarah led students in prayer or James asked his colleagues to join him in prayer? Why or why not?