This statement is designed to prevent the abridgement of anyone's freedom of worship.

Transcription

1 FREEDOM OF RELIGION

2 The FREE EXERCISE Clause: or prohibiting the free exercise thereof. This statement is designed to prevent the abridgement of anyone's freedom of worship. Generally, ALL beliefs are protected, but all practices MIGHT NOT be, depending on specific circumstances.

3 Constitution The only other mention of religion in the Constitution is in Article VI sec.3 There shall be no religious test for public office.

4 Thomas Jefferson wrote a letter to the Danbury Baptist Association in 1802 to answer a letter from them, asking why he would not proclaim a national day of Thanksgiving. Jefferson stated that he believed "religion is a matter which lies solely between man & his god... that the legitimate powers of government reach actions only, and not opinions" [which was why the first amendment was enacted] "thus building a wall of separation between the church and the state."

5 Jefferson s wall is not infinitely high, nor is it totally impenetrable. Church & govt are separated in the US, but not completely unconnected. Our govt has done much to support religion historically. Almost all property of & contributions to religious groups are free from TAXES (at all levels). Each branch of the military has chaplains. Many public officials take an oath in the name of God, and sessions of both houses of Congress (& many lower govts) open with a prayer. Our anthem, pledge, coins & currency also make reference to God.

6 RELIGION & EDUCATION Establishment Cases

7 Everson v. Board of Education(BOE),1947 State law in N.J. that allowed local school districts to reimburse parents for expenses incurred in using public transportation (buses) to send their children to parochial schools. law is constitutional Public welfare is involved and bus transportation to parochial schools does not breach the wall of separation The establishment clause requires the state to be neutral in its relations w/ schools it does not require the state to be their adversary. Primarily, the court ruled, it was a matter of safety.

8 McCollum v. BOE,1948 school authorities permitted religious instructors to come into public schools during school day to provide religious instruction unconstitutional program used state tax supported facility for religious instruction violation of establishment clause

9 Zorach v. Clausen,1952 school authorities allowed students elective credit for off-campus religious instruction during the school day constitutional no use of state facility-- no violation of establishment clause

10 Engel v. Vitale,1962 required students to participate in a nondenominational prayer written by the Board of Regents unconstitutional violation of establishment clause-- Lending the power and influence of the government to a public prayer is a clear violation that can not be fixed by allowing students to remain silent or leave the room

11 Abington School District v. Schempp,1963 Pennsylvania law requiring each school day to begin with a Bible reading & recitation of Lord s Prayer unconstitutional violates estab. clause-- too many religious groups for the government to pick one over the others; government must remain neutral. Daily readings from the Bible can not be considered nonreligious moral inspiration or a reference for secular purposes

12 Stone v. Graham,1980 Kentucky law requiring 10 Commandments be posted in all public school classrooms unconstitutional estab. clause-- violation of neutrality with regard to religion

13 Wallace v. Jaffree,1985 Alabama law providing for a one minute period of silence for meditation and voluntary prayer unconstitutional estab. clause -- wording of the law violated govt neutrality

14 Student Religious Groups

15 Widmar v. Vincent,1981 Public universities made their facilities generally available for the activities of registered student organizations but excluded religious organizations on the basis of their speech unconstitutional violation of 1 st & 14 th Amendments (speech) (due process)

16 Evolution

17 Epperson v. Arkansas,1968 state law forbidding the teaching of evolution in public school science classes unconstitutional violation of estab. clause--constitution forbids preference to any religious doctrine or prohibition of views antagonistic to a particular belief

18 Edwards v. Aguillard,1987 Louisiana law requiring creation science to be taught if evolution was taught in science class unconstitutional estab.-- same as Epperson

19 Aid to Parochial Schools

20 Lemon v. Kurtzman,1971 state reimbursement to private schools for cost of teacher salaries, textbooks, etc unconstitutional amounts to state support of parochial schools (majority of private schools were parochial) Set in force the Lemon Test --

21 THE LEMON TEST -- 3 Rules Set Forth: anytime there is state TAX money going to a parochial school it s allowed IF : PURPOSE: The money must be used for a secular purpose EFFECT: The principal effects of money must neither harm nor promote religion ENTANGLEMENT: The use must not foster an excessive entanglement between church and state

22 Lemon Cases

23 Committee for Public Education v. Regan, 1980 NY law reimbursing parochial schools for cost of state mandated standardized tests (like TAKS/STAAR) constitutional passes Lemon test --funds serve a non-religious purpose, therefore no entanglement

24 Zobrest v. Catalina Foothills SD,1993 AZ used tax money to pay for an interpreter for a deaf student at a Catholic high school constitutiona passes Lemon Const. does not absolutely forbid placing a public employee in a parochial school, especially when for a secular use

25 Free Exercise Cases

26 schools Jacobson v. Massachusetts,1905 law requiring the vaccination of children in public const law was a legitimate exercise of the state's power to protect the public health and safety of its citizens. Did not target/single out any specific religious group

27 Sherbert v. Verner,1963 Adell Sherbert, 7 th Day Adventist in S.C., was fired by her employer of 35 years when she refused to work on Saturday, her Sabbath. Applied for state unemployment benefits & was denied in favor of Sherbert denial of state benefits violated 1 st & 14 th Amend. Led to Sherbert Test --

28 Sherbert Test government cannot interfere in religious rights w/o answering: Does the religion demand the kind of behavior in question? Is the plaintiff engaged in good faith in that religion? If the answer to both questions is yes, then NO interference is allowed

29 Wisconsin v. Yoder,1971 WI law requiring all students to attend public schools to a certain age (Amish only go to 8 th grade) unconstitutional faith s centuries-old agrarian lifestyle is essential to their faith (Sherbert)

30 Oregon v. Smith,1990 native Americans fired from their jobs for using peyote as part of their traditional worship service. (Peyote is a mild hallucinogenic drug derived from mescaline cactus.) They were denied unemployment benefits. for the state of Oregon Oregon law was not directed at the Native Americans' religious practice specifically. As long as peyote was illegal because of its adverse effects and not because of its religious affiliation, it could be prohibited. Oregon can deny benefits because it was a violation of a religion-neutral law.

31 Reynolds v. U.S.,1879 Church of Latter Day Saints right to practice plural marriage laws prohibiting plural marriage are constitutional People are free to believe but not necessarily to act on those beliefs in all instances. Religious freedoms must be balanced against other competing societal interests. First case heard by SC that dealt with free exercise