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Freedom of Religion

Freedom of Religion. The First Amendment. The founding fathers had a deep concern about the relationship between church and state There are two clauses that protect religious freedom:. The Establishment Clause.

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Freedom of Religion

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  1. Freedom of Religion

  2. The First Amendment • The founding fathers had a deep concern about the relationship between church and state • There are two clauses that protect religious freedom:

  3. The Establishment Clause • Jefferson referred to this clause as a “wall of separation between church and state” • IF there is a wall, then why don’t churches pay property taxes? Isn’t this support for churches?

  4. The Establishment Clause • Supreme Court has several tests for cases in this realm: • Endorsement Test – • Three-part Test • The gov’t action/law must have a secular purpose

  5. The Establishment Clause • Important decisions under the establishment clause include: • An end to school sponsored prayer (even voluntary prayer led by a school) • Types of funding to parochial schools

  6. The Free Exercise Clause • While your right to worship as you choose is protected, it is only protected as long as it does not conflict with other important interests

  7. The Free Exercise Clause • If gov’t intentionally interferes w/ religious practice, then the courts will side with religion

  8. Court Case Whip Around • Case 1: West Virginia Board of Education v. Barnette (1943) http://www.oyez.org/cases/1940-1949/1942/1942_591 • Case 2: Welsh v. United States (1970) http://www.oyez.org/cases/1960-1969/1969/1969_76 • Case 3: State of Wisconsin v. Jonas Yoder, et al. (1972) http://www.oyez.org/cases/1970-1979/1971/1971_70_110

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