Freedom of Religion

Freedom of ReligionCongress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof;NC and religionISIS

OBJECTIVES AND AGENDAOBJECTIVESStudents make links between the Establishment Clause and the Free Exercise ClauseStudents recognize link between religion and the courtsAGENDAWarm-upBlock 1Two videos on Religion Block 2 and finish film and discuss Essay on Film5 paragraphTwo protections found in First AmendmentMcCollum vs. ZorachDiffering views of Supreme Court and confusionStudy or work on HomeworkOBJECTIVES AND AGENDA-10/3OBJECTIVESStudents should articulate the reasons why the Framers included the Establishment Clause to the ConstitutionDiscuss and argue how McCollum and Zurach balance with the lessons of Engle

AGENDA Child PreacherWarm-updescribe how you feel when you hear the child in the video. Does anything make you nervous? Does this say anything about the Establishment Clause? What is the message he is preaching?Why do we have the Establishment Clause. From list, with a partner, come up with examples for each.Engle vs. Vitale12-18McCollum vs. Zurach argumentVideo and answer questionsdiscuss the balance between the two cases Compare your answers with the video of the NC law on Religious exercisesViews of the Supreme Court discussing the balance of two rightsGive examples of eachHWLee vs. Weisman

OBJECTIVES AND AGENDA 10/6OBJECTIVESStudent will relate the protections of the First Amendment to another situationDiscuss and argue how McCollum and Zurach balance with the lessons of EngleAGENDAWarm-upWrite down the 6 protections of the 1st AmendmentWrite the protections mentioned in the video. Hong KongMcCollum vs. Zurach argumentVideo and answer questionsdiscuss the balance between the two cases Compare your answers with the video of the NC law on Religious exercisesViews of the Supreme Court discussing the balance of two rightsGive examples of eachLee vs. Weismanvideo, discussion, lawSplit Prayer example---ticket out---answerHWSante Fe

OBJECTIVES AND AGENDA 10/7OBJECTIVESSynthesis Lee vs. Weisman with Engle, McCollum, ZorachList the different tests the Supreme Court use for Religion

AGENDAWarm-upExplain why James Madison believes the Establishment clause is necessary. Finish Lee vs. WeismanViews of the Supreme Court discussing the balance of two rightsGive examples of eachLee vs. Weismanvideo, discussion, lawOdd sense of Justice--#23Work on either Everson or Sante Fe

OBJECTIVES AND AGENDA 10/9OBJECTIVES---Students should be able to apply the law from Lee vs. Weisman to a given fact patternDetermine how Sante Fe and Everson fit in the overall scheme of the Establishment Clause. AGENDAWarm-upwatch the film on Lee vs. Weisman and write lawbriefly discuss dissent.Notes: Tests of Supreme Court and odd sense of justiceSplit the class into groups of two. One Everson and one Sante Fe. Group should prepare a brief for each case. Research Lynch vs Donnelly and Allegheny Co. vs. ACLUWrite facts of eachWhich one was constitutional and WHY!!!!. HW

OBJECTIVES AND AGENDA 10/10OBJECTIVESWork with the conclusions in Allegheny and Lynch on an alternate fact patternDetermine why Stone vs. Graham violated the Establishment Clause but Zelman did not. AGENDAWarm-UpUsing your smart phoneor work with someone, research and write the facts for Allegheny and Lynch---write a paragraph stating WHY one was a constitutional holiday display and the other was not.NotesTests and Odd sense of justiceWall charts---facts---key words----law for Stone and ZelmanWork on Wisconsin vs. YoderOBJECTIVES AND AGENDA 10/13OBJECTIVESRelate all the religion cases togetherUse the three categories of religion cases with alternate fact patternsAGENDAWarm-up; Religion conversation Discuss: Can people talk about religion without yelling? What part of a persons life is religion? Do you agree?Quiz NewdowOdd Sense of JusticeStone--show listsecular or nonsecular ZelmanVideo and notesNewdowThree testsshow speechWisconsin vs. YoderREVIEWMAKE THREE FACT PATTERNS WITH CATEGORIESLynch and Allegheny LYNCH

ALLEGHENYTwo Religious rights under the First AmendmentBalance of both!Establishment ClauseCannot prohibit, promote, or encourage religion. EX. Books, school prayer, vouchers, transportationgovernmental ban from interference with religionFree ExerciseCant prohibit someone from practicing his or her religion.

Why do we have separation of church and state?Religion is too personal, too sacred, too holy to permit its unhallowed perversion by government;Union of government and religion destroys Government and degrades religionGovernment established religions and religious persecutions go hand in hand.The power and prestige of government would be used to control, support or influence a certain religion and would change with each administration. Engle vs. Vitale 14-19Why do we have the Establishment Clause?McCollum--Introduction to Religion1. How long have we debated religion in our schools?2. What did the case McCollum do for the religion argument?3. What are Common Schools and what effect did it have on religion and schools?4. What was McCollums problem with the released time religious education?5. What parts of the Constitution were violated according to McCollum?6. What was the response to McCollum?7. What did New York (Zorach) do in response to McCollum? Why was this practice OK?http://www.youtube.com/watch?v=-GXbiftNFTsMcCollum vs. ZorachA good religious argumentRelease time programs:Using McCollum and Zorach, discuss the constitutionality of the following North Carolina Law and the Rowan County Public Schools.Answer both like a fact pattern on a test.

News story on religionRowan CountyDifferent tests of the Supreme Court on Religion with balance The Lemon TestThe State regulation must:Be secular in purpose (non religious purpose)Neither aid nor hinder a religion (no religious effect)Avoid excessive entanglement (usually issues of money)endorsement testAny governmental endorsement of a specific religion or religion in generalcoercion testPractices that actually coerce people into participating in religious exercisesceremonial deismHistorically rooted public practices that invoke theistic belief, but do not directly try to establish a church-under God etc

Students may think it an odd sense of justice Freedom of Speech and Freedom of Religion are protected very differently under the Constitution. Lee vs. Weismanquestion #23

Freedom of Speech and Free Exerciseall are encouraged to participate. Government AND citizens.Both are forms of expression. Establishment Clause---specific prohibition on forms of GOVERNMENT intervention on religious affairs. There is no equal counterpart in the Free Exercise Clause

ExplainIt is proper to take alarm at the first experiment on our liberties. Who does not see that the same authority, which can establish Christianity, in exclusion of all other Religion, may establish with the same ease any particular sect of Christians, in exclusion of all other Sects? That the same authority, which can force a citizen to contribute three pence only of his property for the support of any on establishment, may force him to conform to any other establishment in all cases whatsoever?James MadisonTest PrayerNow I lay me down to studyI pray the lord I wont go nuttyIf I should fail to learn this junkI prayed the lord I will not flunkBut if I do, dont pity me at all,Just lay my bones down in the study hallTell my teacher I did my bestThen pile my books upon my chestNow I lay me down to nest And I pray I pass tomorrows testIf I should die before I wakeThats one less test Ill have to take

Lee vs. WeismanImportant Facts!!!!CONTROL!!State officials direct the performance--graduationpamphlet directed form of prayerAttendance in a fair and real sense is mandatory.Government involvement isThe question is not the good faith of the schools in making the prayer acceptable to most personsRabbi gave benedictionUNTENABLE POSITION:The government may not coerce anyone to support or participate in religion or its exercise.Either attends one of lifes special moments, graduation, or not. Either sit while all around you are standing and praying or not

Lee vs. Weisman DissentGovernmental ceremonies and proclamations, Declaration of Independence, George Washington and prayer at inaugural,Coercionstudents were not asked to bow heads, put hands together, pay attention, utter Amen, etc.Stood for Pledge?No direction of performancedid not draft, edit, screen or censor prayerExpanded the notion of Coercion with the backing of a penalty (go to church every Sunday or risk being thrown in prison) to Coercion by showing simple respect.

Case LawEngle vs. Vitale--The use of the prayer is wholly inconsistent with the Establishment Clause principles. It is no part of the business of government to compose official prayers for any group of the American people to recite as a part of a religious program carried on by government.Wallace v. Jaffree (1985)moment of silence and Case Law Cont. Lee InterviewLee vs. Weisman--Religious exercises may not be conducted at a graduation ceremony, a ceremony of singular importance to every student, in circumstances where, young graduates are compelled to attend and conform. A school may not persuade or compel a student to participate in a religious exercise.

Case Law cont.Sante Fe vs. DoeAllowing a prayer that is delivered in the present manner, carries with it the imprint of the State and in a very real sense, puts students in an untenable position. Such an activity violates the Establishment Clause.

Everson vs. TownshipNew Jersey may spend tax-raised funds to pay the bus fares of parochial school pupils as a part of a general program under which it pays the fares of pupils attending public and other schools.

Examples State cannot doNeither a state nor the Federal Government can set up a church.Neither can pass laws which aid one religion, aid all religions, or prefer one religion over anotherNeither can force nor influence a person to go or stay away from church.Neither can force one to profess a belief or disbelief in any religion.No person can be punished for entertaining or professing religious beliefs or disbeliefsNo person can be punished for church attendance or non-attendance.No tax in any amount, large or small, can be levied to support any religious activities.

The Ohio program is neutral in all respects toward religion.

It is part of a general, Nonreligious programIt gives assistance directly to a broad class of individuals defined without reference to religionAll schools may participateBenefits are available to families on neutral termsNo financial incentive that skew the program toward religious schools.State aid arrives at the private school ONLY AFTER NUMEROUS INDEPENDENT DECISIONS OF PRIVATE INDIVIDUALS.Parents were the circuit breaker for an Establishment Clause violationCase Law cont.Zelman vs. Simmons-Harris--Zelman Video A program that is neutral towards religion provides benefits to a wide spectrum of individuals defined only by financial need and their residence, and one that allows for true private choice among options, public, private, secular or non-secular does not violate the Establishment clause because it is a program of true private choice. What ifSuzie Smith was named valedictorian of your high school graduating class by virtue of her GPA. She is a devout Muslim who has written her valedictorian address about the importance of Muhammad in her life and why she thinks students who abuse drugs and alcohol or belong to gangs need to discover Muhammad in their personal lives. She wants to finish by inviting her fellow graduates to come with her to her mosque before they leave for college or work. The principal is nervous about letting her give such a speech, but students in the past have always been allowed to speak about their topic of their choice, and their remarks are traditionally edited for length, clarity, and style only.Stone vs. Graham10 commandments1. am the Lord thy God, ... Thou shalt have no other gods before me.2. Thou shalt not make unto thee any graven images.3. Thou shalt not take the name of the Lord thy God in vain. 4. Remember the sabbath day, to keep it holy. 5. Honor thy father and thy mother: that thy days may be long.6. Thou shalt not kill.7. Thou shalt not commit adultery.8. Thou shalt not steal.9. Thou shalt not bear false witness against thy neighbor.10. Thou shalt not covet thy neighbor's house.

Case Law contScopes DocumentaryReligion in school, VouchersStone vs. Graham--The mere posting of the 10 Commandment provides the official support of the Stategovernment that the Establishment Clause prohibits. It is no defense to urge that the religious practices here may be relatively minor encroachments on the First Amendment.

Lynch v. Donnelly(1984) and Allegheny County v. ACLU

What is the difference? EndorsementLynch--Pawtucket, RI erected, in the heart of the citys shopping district, a holiday display that included, Santa Claus, reindeer, candy-stripped poles, a Christmas tree and a nativity scene.

Allegheny County--the city of Allegheny put up two holiday displays. One was a nativity scene, with an angel and a banner proclaiming Gloria in Excelsis Deo placed on the grand staircase of the County Courthouse. The other was a Hanukkah menorah placed next to a Christmas tree and a sign saluting liberty outside the City-County Building.Answer.Lynch-- ceremonial deism, and constitutional just like our money. Justice OConnor used her, endorsement test --- Religious message was sufficiently diluted with nonreligious messages. Not an Endorsement

Allegheny County--However, the second display was struck down because it was centrally located inside the county courthouse in such a way that its religious message was not diluted by secular holiday messages. Endorsement send a message to non-adherents that they are outsiders and not full members of the political community, and an accompanying message to adherents that they are insiders.)

NewdowJune 14th, 1954FROM THIS DAY FORWARD, the millions of our school children will daily proclaim in every city and town, every village and rural school house, the dedication of our nation and our people to the Almighty. To anyone who truly loves America, nothing could be more inspiring than to contemplate this rededication of our youth, on each school morning, to our country's true meaning. Especially is this meaningful as we regard today's world. Over the globe, mankind has been cruelly torn by violence and brutality and, by the millions, deadened in mind and soul by a materialistic philosophy of life. Man everywhere is appalled by the prospect of atomic war. In this somber setting, this law and its effects today have profound meaning. In this way we are reaffirming the transcendence of religious faith in America's heritage and future; in this way we shall constantly strengthen those spiritual weapons which forever will be our country's most powerful resource, in peace or in war. Dwight D. Eisenhower Case Law ContNewdow vs. US Congress

Endorsement Test

Coercion Test--

Lemon Test--Facts of YoderBalancing testBalancing testRights of the State to make kids go to school until 16 against the rights of the Amish to exercise their faith and pull kids out in 8th gradeState1. Some degree of education is necessary to prepare citizens to participate effectively and intelligently in our open political system: and2. Education prepares individuals to be self-reliant and self-sufficient participants in society.

Facts ContinuedAmishHigher education exposes children to the worldly influences that are in conflict with beliefs.High School emphasizes intellectual and scientific accomplishments, self-distinction, competitiveness, worldly success, social life with other studentsAmish believe in life of goodness, wisdom rather than technical knowledge, community welfare, rather than competition, and separation from rather than integration with contemporary worldly society. Amish learn by doing rather than in classroomAt this time, the Amish must grow in faith and relationship to Amish community. evidence also showed that the Amish have an excellent record as law-abiding and generally self-sufficient members of society. (possible exceptions)

Free Exercise ClauseWisconsin vs. Yoder--Aided by history of 1) three centuries as an identifiable religious sect 2) a long history as a successful and self-sufficient segment of American society; 3) the sincerity of their religious beliefs; 4) the fact that their life and religion are inextricably linked; and 5) the hazards presented to the survival of Old Order Amish communities if we were to uphold the States regulation.

Evolution vs. CreationismState v. John Scopes Epperson v. Arkansas (1968)Illegal to teach the theory or doctrine that mankind ascended or descended from a lower order of animals. (Answerit is clear that fundamentalist, religious view was the laws reason for existence.) (Scopes issue) UnconstitutionalEdward v. Aguillard (1987) ---If the Theory of Evolution is taught, a teacher MUST also teach the Theory of Creationism. (Answerthe primary purpose of the law was to endorse a particular religious doctrine. UnconstitutionalKansas Debates Evolution in 1999 (Originally cut all evolution study out of curriculum. Later put it back in.Intelligent Design--"certain features of the universe and of living things are best explained by an intelligent cause, not an undirected process such as natural selection