freedom of religion

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Chapter 19 - Section 1 and 2 Notes

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Page 1: Freedom of religion

Jumpstart AssignmentJumpstart Assignment Describe the political cartoon Describe the political cartoon

below.below.

Page 2: Freedom of religion

Fundamental Freedoms:Fundamental Freedoms:The 1The 1stst Amendment Amendment

Chapter 19Chapter 19

Page 3: Freedom of religion

Civil LibertiesCivil Liberties Basic freedoms that are protected Basic freedoms that are protected

from government violation.from government violation.

Are rights unlimited?Are rights unlimited? Civil Liberties vs. good of the publicCivil Liberties vs. good of the public

Page 4: Freedom of religion
Page 5: Freedom of religion

The 14The 14thth Amendment Amendment 1414thth Amendments “Due Process Amendments “Due Process

Clause” Clause” – “No State shall…. – “No State shall…. Deprive any person of life, Deprive any person of life, liberty, or property, without liberty, or property, without due process of law…..”due process of law…..” This clause has been used to apply This clause has been used to apply

the Constitutional protections of the the Constitutional protections of the Bill of Rights to the States.Bill of Rights to the States.

Page 6: Freedom of religion

Freedom of ReligionFreedom of Religion

Establishment Clause:Establishment Clause: “Congress “Congress shall make no law respecting an shall make no law respecting an establishment of religion.”establishment of religion.”

Page 7: Freedom of religion

A “wall of separation between A “wall of separation between church and state”?church and state”?

Page 8: Freedom of religion

How would you describe the wall?How would you describe the wall?

Page 9: Freedom of religion

Establishment ClauseEstablishment Clause (continued) (continued) Religion in Public SchoolsReligion in Public Schools

Engel v. VitaleEngel v. Vitale (1962) – the (1962) – the Supreme Court outlawed the Supreme Court outlawed the use of a recited prayer in New use of a recited prayer in New York schoolsYork schools

Page 10: Freedom of religion

Can public high school football Can public high school football players pray before a game?players pray before a game?

Santa Fe School District vs. Santa Fe School District vs. Doe (2000)Doe (2000) Supreme Court struck down Supreme Court struck down a Texas High School a Texas High School student led prayerstudent led prayer

Page 11: Freedom of religion

Can student religious groups Can student religious groups meet on school property?meet on school property?

Westside Community Schools vs. Westside Community Schools vs. Mergens (1990) Mergens (1990) – public schools – public schools must allow student religious must allow student religious groups to meet in the school on groups to meet in the school on the same terms that it sets for the same terms that it sets for other student organizations.other student organizations.

Page 12: Freedom of religion

Can schools give kids “release Can schools give kids “release time” to have religious classes?time” to have religious classes?

McCollum v. Board of McCollum v. Board of Education (1948) Education (1948) – not in – not in public facilities.public facilities.

Zorach v. Clauson (1952) Zorach v. Clauson (1952) – – it’s okay as long as it’s on it’s okay as long as it’s on private property.private property.

Page 13: Freedom of religion

Establishment ClauseEstablishment Clause (continued) (continued)

Government Aid for ReligionGovernment Aid for Religion Lemon v. KurtzmanLemon v. Kurtzman (1971) – (1971) –

government laws mustgovernment laws must Have a nonreligious purposeHave a nonreligious purpose Neither advance nor limit Neither advance nor limit religionreligion

Not result in excessive Not result in excessive government involvement with government involvement with religionreligion

Page 14: Freedom of religion

Free Exercise ClauseFree Exercise Clause ““Congress shall make no Congress shall make no

law… prohibiting the free law… prohibiting the free exercise” of religionexercise” of religion

Supreme Courts view: Supreme Courts view: religious practices may be religious practices may be restricted if they threaten the restricted if they threaten the health and safety of others or health and safety of others or if they violate social if they violate social standards.standards.

Page 15: Freedom of religion

Free Exercise Case Studies:Free Exercise Case Studies: Can Amish school children end at 8Can Amish school children end at 8thth grade grade

despite a state law which requires students despite a state law which requires students to go until they are 16? to go until they are 16? Wisconsin v. YoderWisconsin v. Yoder

Can you smoke an illegal drug as part of a Can you smoke an illegal drug as part of a religious service? religious service? Oregon v. SmithOregon v. Smith

Can a school suspend a student for not Can a school suspend a student for not saluting the U.S. flag even though the school saluting the U.S. flag even though the school requires it? requires it? West Virginia v. BarnetteWest Virginia v. Barnette

Can you sacrifice animals as part of a church Can you sacrifice animals as part of a church service? service? Lukumi Babalu Aye v. City of HialeahLukumi Babalu Aye v. City of Hialeah