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Freedom of Religion-the Establishment Clause

Freedom of Religion-the Establishment Clause. Chapter 19- section 2. 1 st Amendment Freedom of Religion – Broken up into two clauses. Establishment Clause: First amendment states that there must be a “Wall of separation between church and state.”

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Freedom of Religion-the Establishment Clause

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  1. Freedom of Religion-the Establishment Clause Chapter 19- section 2

  2. 1st Amendment Freedom of Religion – Broken up into two clauses Establishment Clause: First amendment states that there must be a “Wall of separation between church and state.” Government has done much to encourage religion and churches in this country • Churches are tax exempt • Public officers take oath of office in name of God. • Chaplains serve in each branch of the armed services • Sessions of congress open with prayer. • Nations anthem and currency make reference to God.

  3. Pierce vs. Society of Sisters 1925 • Oregon law required parents to send their children to public school and not private religious schools was unconstitutional because it violated the 1stand 14thamendments

  4. Everson vs. Board of Education 1947 • State law that said public tax dollars could be used to bus students to parochial schools was constitutional • Critics attacked the law as a support of religion-freed money so the parochial schools could use additional funds for religious purposes

  5. Religion and release from School • McCollum vs. Board of Education 1948 • Released time programs-allow public schools to release students from school to attend religious classes was unconstitutional because they used public facilities for religious purposes • Zorach vs. Clauson 1952 • Court upheld released time programs because required religious classes be held in private places

  6. Other Unconstitutional Cases • Engel vs. Vitale 1962 Court outlawed use of prayer in school • Abington School District vs. Schempp 1963 Struck down Pennsylvania law that required each school day to begin with readings from the Bible and recitation of the Lord’s Prayer • Stone vs. Graham 1980- Kentucky law that required the 10 Commandments to be posted in public schools was unconstitutional • Wallace vs. Jaffree 1985-One minute period of silence for voluntary prayer and meditation unconstitutional • Lee vs. Weisman 1992-Offering prayer as part of public graduation ceremony in Rhode Island

  7. More Unconstitutional Cases • Santa Fe Independent School District vs. Doe 2000- A Texas policy that allowed student led prayer at football games • Westside Community Schools vs. Meyers 1990--Schools that receives federal funds and must allow religious groups to meet in school since they allow other clubs to hold events at school • Lynch vs. Donnelly 1984 • Christian nativity scene can be displayed but must feature non-religious objects as well such as Santa, reindeer, wreaths

  8. Lemon vs. Kurtzman • Established the criteria that the Supreme Court uses to determine whether or not an issue violates the Establishment Clause of the First Amendment • Purpose of aid must be secular and not religious • Primary effect must not advance nor inhibit religion • Must avoid excessive entanglement of government and religion

  9. Free Exercise Clause Can freely exercise religious practices without government interference

  10. Free Exercise Clause • Guarantees to each person the right to believe whatever that person chooses to but that right is not absolute • Cannot violate criminal laws • Offend public morals • Threaten the welfare or safety of others

  11. Reynolds vs. USA 1879 • Reynolds was a Mormon whopractice d polygamy. This practice was allowed by the church but prohibited by federal government • Reynolds argued that this law violated his right to freely exercise his religion • Supreme Court said a person cannot violate federal laws and congress can punish those who violate the law.

  12. Bunn vs. North Carolina 1949 • Supreme Court forbade the use of poisonous snakes in religious rights.

  13. Other Supreme Court Cases • Jacobson vs. Massachusetts 1905 • Supreme Court upheld laws that requires the vaccination of children before attending school McGowan vs. Maryland 1961 • Supreme Court upheld the blue laws that requires businesses to be closed on Sundays

  14. Additional Supreme Court Cases • Cox vs. New Hampshire 1941 • “Time, Place, Manner restrictions  • A state can require religious groups to have a permit to hold a parade on the public streets and have police protection in case of riots (keep public order)

  15. Freedom of Religion and Military • Welsh vs. United States 1970 • Federal government can draft those who have religious objections to military service. • Goldman vs. Weinberger 1986 • The Air Force can forbid an orthodox Jew the right to wear his Yarmulke during active duty.

  16. Oregon vs. Smith 1990 • State can deny unemployment benefits to anyone who has been fired for using “illegal drugs”/ peyote in violation of Oregon’s state drug laws

  17. Wisconsin vs. Yoder 1972 • Amish children cannot be forced to attend school beyond the 8th grade. • Supreme Court reasoning for its decision- the sections century old tradition of self-sufficient farming lifestyle is essential to their religious faith. • Attending school beyond 8th grade threatened their faith and thus was protected by the Court

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