Amendment I

Freedom of Religion

Freedom of Religion

• “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of”

• Two clauses:–Establishment clause–Free Exercise clause

Establishment and free exercise clause often conflict with each other

• In schools, the religion issue is most prevalent

• If a student raises his hand and says “teacher, can we say an opening prayer before this test”

• If the teacher says: • “Yes”, It looks like

establishment of religion

• “No”, It is denying a student free exercise.

Establishment Clause—Government cannot promote religion

Establishment clause-GovernmentCans Cannot

• Teach about religions in school• Allow voluntary prayer in many examples• Transport students to a religious school• Read Bible for culture or literacy content

• Set a state religion • Government cannot order a prayer• Teach religious doctrine in the school• Pay seminary teachers• Teach creationism

Free Exercise—The personCan Cannot

• Choose whatever religion• Lead a prayer in most examples• Ask questions about religions • Worship who ever you want

• Break the law and claim it is religious belief• Raise children without education• Deprive children of basic needs

Lynch V Donnelly• Facts: The City of Pawtucket put up a Christmas

display of decorations (nativity scene, reindeer, santa, candy canes, etc.) Donnelly got mad and said that he did not want his tax dollars to pay for the display.

• Which clause was challenged?• Who won? The City – Lynch• Why? The display did not promote religion

because a variety of religious and non-religious symbols were displayed

Engel V Vitale

• Facts: The Board of Regents of New York required the students to say a prayer each morning, “Almighty God we acknowledge Thee, and beg They blessings upon us, our teachers, and our country”

• Which clause was challenged?• Who won? Engel (parents)• Why? Ruling said that the school was

promoting religion

Epperson V Arkansas

• Facts: Arkansas wouldn’t allow teachers to teach evolution. Epperson, a public school teacher, sued, claiming the law violated her First Amendment right, as well as the Establishment Clause.

• Which clause was challenged?• Who won? Epperson• Why? The state was promoting religion

Stone V Graham

• Facts: Sydell Stone and a number of other parents challenged a Kentucky state law that required the posting of a copy of the Ten Commandments in each public classroom. They filed a claim against James Graham, the Superintendent of public schools in Kentucky

• Which clause was challenged? • Who won? Stone – Parent• Why? The school was promoting religion

Santa Fe Independent School District V Doe

• Facts: Several students complained about hearing a prayer over the loud speaker at the football game. The prayer was given by a student.

• Which clause was challenged? • Who won? Doe (the students)• Why? The Court ruled that the pre-game prayer

given by a student at high school football games communicates government religious endorsement.

Wisconsin V Yoder

• Facts: Amish family did not want their children to attend school past the 8th grade.

• Which clause is challenged?• Who won? Yoder • Why? The Ruling determined that an

individual’s interest in the free exercise of religion under the First Amendment outweighed the State’s interest in compelling attendance beyond the 8th grade.

Reynolds V United States (1879)

Facts: Mormon leader, George Reynolds, was convicted in Utah for having more than one wife.Which clause was challenged?Who won? United StatesWhy? Criminal Activity – against the law. Those who practice polygamy could not more be exempt from the law than those who may wish to practice human sacrifice. Either way, against the law.

Lukimi Babalu V City of Hialeah• Facts: The Church of Lukumi Babalu Aye practiced the Afro-

Caribbean-based religion of Santeria. Santeria used animal sacrifice as a form of worship in which an animal's carotid arteries would be cut and, except during healing and death rights, the animal would be eaten. Shortly after the announcement of the establishment of a Santeria church in Hialeah, Florida, the city council adopted several ordinances addressing religious sacrifice. The ordinances prohibited possession of animals for sacrifice or slaughter, with specific exemptions for state-licensed activities.

• Which clause was challenged? • Who won? Church• Why? The ordinances targeted religious behavior.