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Download Freedom of Religion. Freedom of Religion 1 st Amendment 1.Establishment Clause 2.Free Exercise Clause

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  • Slide 1
  • Freedom of Religion
  • Slide 2
  • Freedom of Religion 1 st Amendment 1.Establishment Clause 2.Free Exercise Clause
  • Slide 3
  • Freedom of Religion ESTABLISHMENT CLAUSE: Congress shall make no law respecting the establishment of religion. EXERCISE CLAUSE Prohibits government from unduly interfering with the free exercise of religion.
  • Slide 4
  • The Establishment Clause
  • Slide 5
  • Establishment Clause Wall of Separation No tax support to one particular form of religion. However
  • Slide 6
  • Religion is, and always has been, a part of public life in the U.S.
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  • Examples of Religion in Public Life Oaths of office in the name of God Money has In God We Trust Pledge of Allegiance has under God Congress opens daily sessions with prayer. Chaplains in the military paid by the government. Tax-exempt status for church property Tax-exemption for contributions to religious groups
  • Slide 10
  • Controversy about religion in public life Can taxes pay for busing students to a parochial school? Yes: Everson v. Board of Education (1947) Can taxes pay for busing parochial students on a field trip? No: Wolman v. Walter (1977) Can taxes pay for textbooks for parochial schools? Yes (for secular books): Board of Education v. Allen (1968)
  • Slide 11
  • Controversy about religion in public life Can parents deduct tuition, textbooks and transportation to and from parochial schools from state income taxes? Yes: Mueller v. Allen (1983) Can the state use taxes to provide computers, library books, and other equipment to parochial schools? Yes, as long as not used for religious purposes: Mitchell v. Helms (2000)
  • Slide 12
  • Controversy about religion in public life Can public schools release students to attend classes in religious instruction? No if religion teachers come to public school campus. McCollum v. Board of Education (1948) Yes if students leave and go to another location for religious instruction. Zorach v. Clauson (1952)
  • Slide 13
  • The Supreme Court declared that aid to church-related schools must do the following: 1.Have a secular legislative purpose 2.Have a primary effect that neither advances nor inhibits religion 3.Not foster an excessive government entanglement with religion Controversy about religion in public life
  • Slide 14
  • Recent Developments in Texas Trying to develop a state approved curriculum for teaching The Bible (Literature? History? Culture?) History of Religion (Perspective?) Comparative Religions (Who teaches? What perspective? Emphasis?) Controversy about religion in public life
  • Slide 15
  • School prayer issues Government cannot dictate a prayer to be used. No moment of prayer. No clergy-led prayers. No prayers at beginning of football games, even if led by students.
  • Slide 16
  • Controversy about religion in public life No school sponsored Bible reading. No use of Lords Prayer in school. Students can form prayer groups not organized or led by faculty.
  • Slide 17
  • Under what circumstances do you think this tolerance of religion in school (prayer groups, etc.) would come to an end? Controversy about religion in public life
  • Slide 18
  • Under what circumstances do you think this tolerance of religion in school (prayer groups, etc.) would come to an end? Discrimination against minority religions Controversy about religion in public life
  • Slide 19
  • Ban on prayer in government does not extend to government meetings (legislatures, city councils, etc.) Theory: Adults are not susceptible to religious indoctrination like children.
  • Slide 20
  • At what point might this involvement of religion in public life come to an end? Under what circumstances? Controversy about religion in public life
  • Slide 21
  • At what point might this involvement of religion in public life come to an end? Under what circumstances? Inclusion of minority religions Controversy about religion in public life
  • Slide 22
  • Evolution versus Creationism States cannot ban teaching evolution. Epperson v. Arkansas (1968) States cannot require teaching creationism along with evolution. Edwards v. Aguillard (1987)
  • Slide 23
  • More recent tactic by fundamentalist Christians: However, lower federal courts have ruled that this tactic is merely a disguised effort to promote religion in the classroom and is unacceptable. Controversy about religion in public life
  • Slide 24
  • Can government property have Christmas displays or decorations?
  • Slide 25
  • Controversy about religion in public life Can government property have Christmas displays or decorations? Confusing court rulings:
  • Slide 26
  • Controversy about religion in public life Can government property have Christmas displays or decorations? Confusing court rulings: Yes, if secular items are included (reindeer, sleigh, etc.).
  • Slide 27
  • Controversy about religion in public life Can government property have Christmas displays or decorations? Confusing court rulings: Yes, if secular items are included (reindeer, sleigh, etc.). No, if nativity scene alone.
  • Slide 28
  • Controversy about religion in public life Can government property have Christmas displays or decorations? Confusing court rulings: Yes, if secular items are included (reindeer, sleigh, etc.). No, if nativity scene alone. Yes, if other religions are included in holiday display. Issue: Minority religions
  • Slide 29
  • Free Exercise Clause
  • Slide 30
  • Controversy about the Free Exercise Clause The Supreme Court has made a clear distinction between religious belief and religious practice.
  • Slide 31
  • Controversy about the Free Exercise Clause The right to religious belief is absolute. You can believe anything you want to believe. However, the actual practice of your religion can be limited or restricted. Some religious practices are forbidden.
  • Slide 32
  • What are some religious practices that might be forbidden? Controversy about the Free Exercise Clause
  • Slide 33
  • When can government restrict free exercise of religion? When the practice violates laws protecting: Health Safety Morals of the community Reynolds v. United States (1879)
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  • Mr. Merced was planning to sacrifice up to 7 goats, 10-14 chickens, and 5-10 doves during a Santeria religious ceremony to be attended by about 10 members of his religion. Merced said that the remains of the animals are placed in a dumpster. The City of Euless said that city ordinances prohibited the ceremony because of the public health concerns about disposal of animal parts resulting from the ceremony.
  • Slide 38
  • On March 11, 2008, a U.S. District Court ruled against Merced saying that he did not need to use his house to practice his religion and that the city was protecting the publics health with its laws against animal cruelty. Judge John McBryde said He could go outside the city and do the things he does inside his house.
  • Slide 39
  • Controversy about the Free Exercise Clause The Supreme Court has allowed government prohibitions on: Polygamy (case involved Mormons) Drugs in religious ceremonies
  • Slide 40
  • Controversy about the Free Exercise Clause The Supreme Court has allowed requirements for school children to be vaccinated even though it violates the beliefs of some religious groups. (Jehovahs Witnesses & Christian Scientists)
  • Slide 41
  • Controversy about the Free Exercise Clause Flag Salute Cases Many states require pledges of allegiance in school. Some churches consider such pledges as bowing down to graven images. The Supreme Court has flip-flopped, but more recently has said that patriotism could be achieved without forcing people to violate their religious beliefs.