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“ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or.

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Presentation on theme: "“ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or."— Presentation transcript:

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2 “ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for redress of grievances.”

3 Prayer in School Response Do you think we should begin the school day by saying a prayer during announcements? Why/why not?

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5 A.Prohibits the ESTABLISHMENT of a religion or the sanctioning of an existing religion by the government B.Creates a “wall of separation between church and state”

6 . C.Examples: 1)Public schools CANNOT sponsor prayer (Engel v. Vitale, 1962) What about school teams praying before a game? The moment of silence? Prayer at graduation?

7 Marian Ward, a 17-year-old student, says a prayer before a Santa Fe High School football game. (Santa Fe Independent School District v. Doe, 2000)

8 2)Students may form religious clubs 3)Public schools may now teach evolution 4)State aid can be given to parochial (church- related) schools (Lemon Test) 5)Tax exemptions allowed for religious org.

9 A.Guarantees each person right to BELIEVE whatever he chooses in matters of religion B.PRACTICES may be restricted (can’t violate criminal laws, offend public morals, or threaten others’ health, safety, or welfare)

10 C.Examples: 1)Students allowed to wear head coverings/facial hair 2)Student absences for religious holidays/religious classes

11 Should Amish kids have to go to school? Their tradition: only through 8 th grade Wisconsin state law: attend until graduation Wisconsin v. Yoder, (1972) Court says… NO.

12 3)Amish children not be forced to attend school beyond 8 th grade 4)Jehovah’s Witnesses cannot be forced to salute the flag

13 You Be the Judge The church of Lukumi Babalu Aye, in Hialeah, Fla., practiced Santeria, a Caribbean-based mix of African ritual, voodoo, and Catholicism. Central to Santeria is the ritual sacrifice of animals – at birth, marriage, and death rites, as well as ceremonies to cure the sick & initiate new members. Offended by these rituals, the city of Hialeah passed ordinances prohibiting animal sacrifices in religious ceremonies. The church challenged the constitutionality of these laws, claiming they violated the free exercise clause of the First Amendment because the ordinances essentially barred the practice of Santeria. The city, the Santerians claimed, was discriminating against a religious minority. Besides, many other forms of killing animals were legal, including fishing, using animals in medical research, selling lobsters to be boiled alive, and feeding live rats to snakes.

14 Do the Santerians have a constitutional right to sacrifice animals in their religious rituals? Does the city’s interest in protecting animals outweigh the Santerians requirement for animal sacrifice? The Court overturned the Hialeah ordinances. Govts that permit other forms of killing animals may then ban sacrifices or ritual killings. No compelling state interest that justified the abridgement of freedom of religion.


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