Freedom of Religion

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Freedom of Religion
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Freedom of Religion 1st Amendment

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

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1st and 14th Amendment

• 2 Guarantees of religious freedom
• 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

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More on Establishment Clause

• 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

• 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

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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 menorah Allegheny County Courthouse
outside the City-County
building The ACLU claimed the displays
constituted state endorsement of religion.
The legality of the Christmas tree display was
not considered in this case.
principle or primary effect" of the display was
to advance religion
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U.S. Supreme Court

• However the combined display with a Christmas
  tree and a sign saluting liberty did not
  impermissibly endorse both the Christian and
  Jewish faiths, but simply recognized that both
  Christmas and Hanukkah are part of the same
  winter-holiday season, which, the court found,
  has attained a secular status in U.S. society.
• Menorah has become a secular symbol, emblematic
  of the "winter-holiday season like the Christmas
  tree)

Angel Banner Glory to God in the highest for
the birth of Jesus Christ
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. (The Court held not all religious
celebrations on government property violated the
Establishment Clause
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To judge whether laws or governmental actions are
allowable under the Establishment Clause based on
the LEMON TEST

• Does the challenged law or other governmental
  action have a bona fide secular (non-religious)
  or civic purpose?
• Does the primary effect of the law or action
  neither advocate nor inhibit religion (is it
  neutral)?
• Does the law or action avoid excessive
  entanglement of government with religion?

NO
NO
NO
If the answer is yes to all 3, it passes test (if
no to any act is unconstitutional)
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• NOW ? US Steel Plaza (Private Property) at 600
  Grant Street

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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

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Free ExerciseThe 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

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Think about this case

• Ginger and David Twitchell Son Robyn
•  Charged Invol. Manslaughter unlawful killing
  of a human being without malice aforethought,
  either express or implied. Voluntary
  manslaughter ? intention

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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.

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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

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Think about this case

• Set Up - Minersville School District v. Gobitis
• 1940 -  U.S. Supreme ruled
• - public schools could compel studentsin this
  case, Jehovah's Witnessesto salute the American
  Flag and recite the Pledge of Allegiance despite
  the students' religious objections to these
  practices. 

Court reversed previous decision
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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

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Engel v. Vitale (1962)

• Case Details?
• New York state created an nondenominational
  prayer
• Note from Parent didnt 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
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Abington School District v. Schempp (1963)

• Case Details?
• Bible reading and Prayer everyday before school
• Court Ruled ?
• Violation of Establishment Clause (not
  maintaining neutrality)

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State of Wisconsin v. Jonas Yoder, et Al. (1972)
Case Details? 3 Amish Families refused to send
their 13,14 yr olds to high school Wisconsin Law
had to be in school until they are 16 totally
different envt bad influence Court Ruled ?
Upheld Free Exercise Clause High school envt
way too different (against community standards)

.
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Santa Fe Independent School District v. Doe (2000)

• Case Details?
• Varsity Football Games prayer over the PA
  system
• Preacher Student
• Catholic/Mormon objected
• Court Ruled ?
• Violation of Establishment Clause

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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

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To avoid the violation

• Baccalaureate Service for Seniors
• Def religious graduation tradition that started
  in England, but in the United States, the term
  generally refers to a non-denominational ceremony
  held a few days before high school or college
  graduation. 
• ARE not official, school-sponsored events
  at American public schools
• This Year ______________________. (I.H.S.)
• Celebration of Faith
• Renamed the event a "Day of Reflection

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Your HomeworkFall under

• Establishment Clause
• Prohibits an establishment of religion
• Or
• Free Exercise Clause
• (2) Prohibits any arbitrary interference by
  government in the free exercise of religion
• Why? 2-3 sentences

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1st and 14th Amendment

• 2 Guarantees of religious freedom
• 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