The Right of Free Worship

1
The Right of Free Worship

• Free Exercise Clause
• Congress shall not prohibit the free exercise
  of religion.
• beliefs are absolutely protected, but practices
  may be restricted
• valid secular test individuals must comply with
  laws restricting religious practices, provided
  the law is valid and neutral
• -Sherbert v Verner 1963
• -Wisconsin v Yoder 1972
• -Bob Jones University v the United States 1983
• -Goldman v Weinberger 1986
• -City of Boerne v Flores, Archbishop of San
  Antonio 1997
• classic free exercise cases
• -Minersville School District v Gobitis 1940
• -West Virginia State Board of Education v
  Barnette 1943

2

• Establishment Clause
• Congress shall make no law respecting the
  establishment of religion.
• 3 interpretations
• government cannot establish an official religion
• government may not aid one religion over another
• there must be a wall of separation between
  church and state
• the Lemon test - in order for a law (or
  government action) dealing with religion to
  conform to the requirements of the Establishment
  Clause, it.
• must have a secular purpose
• must neither advance nor inhibit religion
• must not foster excessive government entanglement
  with religion
• - Lemon v Kurtzman 1971
• -Tilton v Richardson 1971
• -Epperson v Arkansas 1968 McClean v Arkansas
  1982
• -Engel v Vitale 1962
• -School District of Abington Township v Schempp
  1963
• -Murray v Curtlett 1963