Freedom of Religion

Freedom of Religion – 1st Amendment

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

1st and 14th Amendment • 2 Guarantees of religious freedom

(1)Prohibits an establishment of religion[ESTABLISHMENT CLAUSE]

(2) Prohibits any arbitrary interference by government in “the free exercise” of religion

[FREE EXERCISE CLAUSE] *But there may be times when the state

can limit or interfere with practices that flow from those benefits

More on Establishment Clause…

• NEITHER STATE OR FEDERAL GOVERNMENT CAN SET UP A CHURCH

• NEITHER CAN PASS LAW WHICH AIDS ONE RELIGION, AID ALL RELIGIONS, NOR PREFER ONE RELIGION OVER ANOTHER

• NEITHER CAN FORCE NOR INFLUENCE A PERSON TO GO TO OR TO REMAIN AWAY FROM CHURCH AGAINST HIS WILL OR FORCE HIM TO PROFESS A BELIEF OR DISBELIEF IN ANY RELIGION

County of Allegheny v. ACLU (1989)CASE DETAILS 2 Holiday displays on Pittsburgh public property

Angel Banner – “Glory to God in the highest for the birth of Jesus Christ”

Christian nativity scene inside the Large Chanukah menorahAllegheny County Courthouse outside the City-County building The ACLU claimed the displays constituted state endorsement of religion.

Court held that the creche inside the courthouse unmistakably endorsed Christianity in violation of the Establishment Clause. By prominently displaying the words, the county sent a clear message that it supported and promoted Christian orthodoxy.However the display involving the menorah was constitutionally legitimate given its "particular physical setting.“ (menorah has become a secular symbol, emblematic of the "winter-holiday season” like the Christmas tree) The Court held not all religious celebrations on government property violated the Establishment Clause

To judge whether laws or governmental actions are allowable under the Establishment Clause

based on the LEMON TEST1) Does the challenged law or other

governmental action have a bona fide secular (non-religious) or civic purpose?

2) Does the primary effect of the law or action neither advocate nor inhibit religion (is it neutral)?

3) Does the law or action avoid excessive entanglement of government with religion?

More on Free Exercise Clause…

• RIGHT FOR A PERSON TO BELIEVE WHATEVER HE/SHE CHOOSES TO BELIEVE IN MATTERS OF RELIGION (OR NOT TO BELIEVE) WITHOUT GOVERNMENT COERCION OR CONTROL

• Hands off our RELIGION!

• BUT NO PERSON HAS ABSOLUTE RIGHT TO ACT AS HE/SHE CHOOSE (MAY INTERVENE OR LIMIT PRACTICES)

• EX: CANNOT VIOLATE CRIMINAL LAW; OFFEND PUBLIC MORALS; THREATEN HEALTH, WELFARE, OR SAFETY OF THE COMMUNITY

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

• Deprave children of basic needs

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 and School

Cans 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

For more than 200 years, the 1st amendment has protected religious

freedom, including right not to believe

• This includes religious expression by students in public schools

• Supreme Court has NOT declared that public zones are “religion-free zones”

• You [as students] have the right to express religious beliefs while at school as long as you do not coerce others or interfere with the educational process

• HOWEVER this does not include the right to have a captive audience for that prayer or to compel other students to participate

Engel v. Vitale (1962)

Case DetailsNew York – state created an nondenominational prayerNote from Parent – didn’t have to Court Ruled Violation of Establishment Clause

“Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our Country.” Believed that the prayer could be a useful tool for the development of character and good citizenship among the students of the State of New York. The prayer was offered to the school boards in the State for their use, and participation in the “prayer-exercise” was voluntary

Abington School District v. Schempp (1963)

Case DetailsBible reading and Prayer everyday before school

Court Ruled Violation of

Establishment Clause (not maintaining

neutrality)

State of Wisconsin v. Jonas Yoder, et Al. (1972)

.Case Details3 Amish Families – refused to send their 13,14 yr olds to high schoolWisconsin Law – had to be in school until they are 16*totally different env’t – bad influenceCourt Ruled Upheld Free Exercise ClauseHigh school env’t way too different (against community standards)

Santa Fe Independent School District v. Doe (2000)

Case DetailsVarsity Football Games – prayer over the PA systemPreacher – StudentCatholic/Mormon objectedCourt Ruled Violation of Establishment Clause

Lee v. Weisman (1992)Case Details Offering a Prayer as part of a Public School Graduation Ceremony

Court Ruled Government creates a “state-sponsored and state-directed religious exercise in a public school” – Creates a subtle and indirect coercion (students stand and remain silent), forcing students to act in ways which establish a state religion

To avoid the violation…

• Baccalaureate Service for Seniors• This Year – ______________________. (I.H.S.)• Celebration of Faith