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Western Knight Center

Western Knight Center. The First Amendment: Collision of Two Freedoms? 09-22-04. First Amendment to the U.S. Constitution. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,.

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Western Knight Center

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  1. Western Knight Center The First Amendment: Collision of Two Freedoms? 09-22-04

  2. First Amendment to the U.S. Constitution Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, . . . .

  3. Some other relevant sources of law • Federal statutes (e.g., Title VII of the 1964 Civil Rights Act) • Federal regulations (e.g., regulations adopted as part of the Bush administration’s faith-based initiative) • State constitutions (e.g., limits on government aid for religious elementary and secondary schools) • State laws (e.g., State Religious Freedom Restoration Acts (state “RFRAs”))

  4. Religion, Policy and Politics • Article VI of the U.S. Constitution: “[N]o religious test shall ever be required as a qualification to any office or public trust under the United States.” • IRS restrictions on lobbying and partisan political activities of 501(c)(3) tax-exempt organizations, including churches and other religious organizations • “Houses of Worship Free Speech Restoration Act,” H.R. 235, Rep. Walter Jones (R-NC) • Religion-based lobbying on issues such as homosexual civil marriage/civil unions, stem-cell research, military intervention, poverty, the environment and health care

  5. Religious Expression in Public Schools • Distribution of religious community groups’ fliers through the public elementary and secondary school system when other community groups’ fliers are distributed through this system • Religious community groups’ use of public school facilities for after-school religious activities and as temporary places of worship • Membership/leadership policies of student-organized religious clubs at public secondary schools as well as at state universities and colleges • Public schools, homosexuality and religion • Possibility of Pledge of Allegiance case redux; “Pledge Protection Act,” H.R. 2028 • Bush administration prayer guidelines (issued on February 7, 2003, pursuant to the “No Child Left Behind Act” of 2001) • Prayers and religious remarks offered by students at secondary school graduations • Muslim headscarves and public schools • Teaching about religion post 9/11

  6. Religious Expression in Public Places (Other than Public Schools) • Religious displays in public places (e.g., Ten Commandments, crèches, displays of the Bible) • “Constitution Restoration Act,” H. R. 3799, Rep. Robert Aderholt (R-AL) • State mottos/seals with religious references or symbols • Prayers at city council and school board meetings

  7. Religion and the Workplace • Title VII of the 1964 Civil Rights Act • Religious objections to diversity training • “Workplace Religious Freedom Act,” S. 893, Sen. Santorum (R-PA) and Sen. Kerry (D-MA) • 9/11 backlash against Muslim (and sometimes Sikh) employees

  8. Government Aid and Religious Elementary and Secondary Schools School vouchers – continuing battle over state constitutional limits on government aid for religious elementary and secondary schools or for non-public schools generally

  9. Government Aid and Religious Institutions (Other than Religious Schools) • Fate of the faith-based initiative over the next four years (generally) • Religion-based employment discrimination in government-funded jobs • “Bricks and mortar” grants for church buildings and other buildings where religious activities take place

  10. Religious Autonomy from Government • Ramifications of the Catholic scandal • Efforts to preserve the “religious character and autonomy” of religious social service providers that administer government-funded programs

  11. Free Exercise of Religion (misc.) • Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”) • “Conscience Clause” issues (e.g., Hyde-Weldon language on House-passed Labor/HHS appropriations bill for FY 2005) • State Religious Freedom Restoration Acts (state “RFRAs”) • Issues for members of minority faiths, particularly Muslims and Sikhs

  12. Religion and the Battle over Federal Judicial and Executive Appointments • Appointments to the U.S. Supreme Court and lower federal courts • Appointments to president’s cabinet and other high-level executive offices

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