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Freedom of Religion

Civil Liberties. Freedom of Religion. 1 st amendment. Freedom of Expression is inherent in the 1 st Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;. Two Areas.

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Freedom of Religion

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  1. Civil Liberties Freedom of Religion

  2. 1st amendment • Freedom of Expression is inherent in the 1st Amendment • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

  3. Two Areas • The Constitution outlines two areas that are protected with regards to religion • Prohibits an Established religion (Establishment Clause) • Prohibits government interference in the free exercise of religion (Free Exercise Clause)

  4. Separation of Church and State • “A wall of Separation”- term used by Thomas Jefferson to describe the impact of religion and the state • Despite this clause, government and religion have interacted in several unique ways • Chaplains serve in the armed forces • Public officials take oath on a Bible • Reference to God in currency and national pledge

  5. Religion and Education • Everson vs. Board of Education- Court found that tax-based busing of school children to all schools, including parochial, was Constitutional • Since this case, many claims against the Establishment cause have focused on religion.

  6. School Prayer • Engel vs. Vitale- outlawed the use, even voluntary based, of a prayer written by the State Board of Regents in New York • The Court stated this was the basis for an Establishment of religion • Santa Fe ISD vs. Doe- A Texas case, where the Court said student-led prayer at a football game was unconstitutional (2000)

  7. School Prayer • The Court has overwhelmingly viewed school prayer as a violation of the Establishment Clause

  8. Student Religious Groups • Equal Access Act of 1984 has stated that students involved in religious groups should have the same access to facilities as other organizations • The Court has upheld this law

  9. Evolution • Epperson vs. Arkansas- The Court struck down a law forbidding the teaching of evolution. • It has also voided laws that state teachers must spend equal time on creationism if they teach evolution theory

  10. Aid to Parochial Schools • Can states give aid to private, religious schools in the form of books, transportation, equipment etc.? • Many argue that this should be allowed, since parents have a double burden of being taxed for public schools when their children do not attend them • Others say that this crosses the “Wall of Separation.”

  11. Lemon Test • Three Prong Test • 1) The Purpose of aid must be clearly secular, note religious • 2) Primary focus must neither enhance nor inhibit religion • 3) must avoid excessive entanglement of government and religion

  12. Lemon Test • This has allowed public funds to be given to private religious groups for certain reasons • Funding, equipment can be given or loaned but must not cross the line of sponsorship, financial support or promote active involvement

  13. Other Establishment Clause concerns • Seasonal Displays- The Court has established that Christmas displays that only promote Christian doctrine are unconstitutional • Chaplains- The court has stated that opening Congressional legislation with prayer is permissible.

  14. Free Exercise • Each person has a right to believe whatever they wish in matters of religion • This is protected by both the 1st and 14th amendment

  15. An Absolute Right? • Freedom of Religion is not absolute, as one cannot break laws to practice religion • Reynolds vs. United States (1879) stated that the practice of polygamy, or having more than one wife, was unconstitutional, even though it was part of the Mormon religion

  16. Limits on Free Exercise • The court has; • 1) upheld laws that prohibit snake handling • 2) upheld laws that require school vaccination • 3) upheld laws that require businesses to close on Sunday

  17. Oregon v. Smith • This Court stated that a State can deny unemployment benefits to a man fired because he ingested peyote as part of his religious beliefs.

  18. Free Exercise upheld • The Court has also granted people rights with regards to their religious beliefs • Amish students cannot be forced to go to school past the 8th grade • State cannot forbid ministers to hold public office

  19. LukumiBabalu Aye vs. Hialeah • The Supreme Court struck down a city ordinance that outlawed animal sacrifice as part of a church service. • Thus just because religious practices are rare and uncommon does not mean they cannot be protected under the Constitution.

  20. Jehovah’s Witnesses • Several cases regarding free exercise have focused on this religious group • The Court ruled in 1943 that the compulsory saluting of the flag in school was unconstitutional. • The religious group had stated that this act was a violation of the Bible’s commandment against idolatry.

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