Amendment I: Religion. Jessica C. Eric K. Isaac C. Jennifer Z. Grace K. Nadine H. Per. 5

Transcription

1 Amendment I: Religion Jessica C. Eric K. Isaac C. Jennifer Z. Grace K. Nadine H. Per. 5

2

3

4 Free Exercise Clause Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof NARROW SCOPE BROAD SCOPE

5 To avoid violating the Establishment Clause Must have a secular legislative purpose Must neither inhibit nor promote religion Must not foster excessive gov t entanglement

6 WALL OF SEPARATION

7 1) No government coercion in religious matters 2) People should not be expected against their will to support a religion 3) Religious liberty encompasses all religions.

8 Narrow or Broad

9 Minersville School District v. Gobitis (1940)

10

11 The West Virginia Board of Education required all children in public schools to salute the flag.

12 Jehovah s Witnesses are not allowed to worship anything other than God and believed that forcing schoolchildren to say something they did not believe violated the freedom of religion.

13 Did the mandatory flag salute infringe upon liberties protected by the First and Fourteenth Amendments?

14 In 8-1 decision NO National Unity National Security National cohesion

15 Precedent..? No!!

16 West Virginia Board of Education v. Barnette (1942)

17 Does compelling a pledge violate the First Amendment of the Constitution?

18 Declared UNCONSTITUTIONAL 6:3

19 Precedent -broadened what religious freedom meant - expanded power of 1st Amendment

20 Moment of Silence Statute Permits the observance of moments of silence in public school classrooms

21 Engel v. Vitale (1962)

22 Does the reading of a prayer at the start of the school day violate the Establishment clause of the First Amendment?

23 Prayer declared... UNCONSTITUTIONAL 6:1

24 Reasoning - School sponsored prayer violates the Establishment Clause (prohibits establishment of religion) - Even though prayer is voluntary, unconstitutional because there should be NO sponsored religious involvement with public schools - Much conflict in the past was due to the government involving in religious affairs (Justice Hugo Black)

25 Precedent Strengthened Wall of Separation Banned specific prayer (even if voluntary) in public schools

26 Lemon v. Kurtzman (1971)

27 Pennsylvania Nonpublic Elementary and Secondary Education Act Superintendent of Public Schools > parochial, non-secular, non-private schools Pay for teacher s salaries and materials but teachers can t teach religion

28 Alton J. Lemon David Kurtzman

29 Rhode Island Statue Allows the state to pay private school teachers a 15% salary supplement

30 Declared unconstitutional 8: 1

31 Majority Opinion Chief Justice Warren E. Buffet 1&3 Concurring Opinion Justice William O. Douglas 2

32 LEMON TEST

33 Reasons it was shut down 1. Secular legislative purposes: to ensure minimum secular education requirements are being met by non-public schools 2. Non-secular schools are thoroughly laced with religions ideologies and so providing funding to these schools, essentially supports these doctrines 3. Promotes excessive gov t entanglement with religion because it requires massive amount of oversight to ensure that teachers aren t teaching religion

34 Reasons it was shut down 1. Secular legislative purposes: to ensure minimum secular education requirements are being met by non-public schools 2. Non-secular schools are thoroughly laced with religions ideologies and so providing funding to these schools, essentially supports these doctrines 3. Promotes excessive gov t entanglement with religion because it requires massive amount of oversight to ensure that teachers aren t teaching religion

35 Reasons it was shut down 1. Secular legislative purposes: to ensure minimum secular education requirements are being met by non-public schools 2. Non-secular schools are thoroughly laced with religions ideologies and so providing funding to these schools, essentially supports these doctrines 3. Promotes excessive gov t entanglement with religion because it requires massive amount of oversight to ensure that teachers aren t teaching religion

36

37 Employment Division, Department of Human Resources of Oregon v. Smith [1990]

38 Galen Black Alfred Smith

39 Can a state deny unemployment benefits to a worker fired for using illegal drugs for religious purposes?

40 In a 6-3 decision...yes

41 Burwell v. Hobby Lobby (2014)

42 - Contraceptives are immoral - Free Exercise Clause

43

44 Precedent - 1st Amendment + Corporations - Overturned previous precedent

45 THE END :)