Freedom of religion (Part 2) GOVT Notes 6-2

Review What kind of rights do Americans have? Relative rights Which clause said Congress can’t favor one religion over another? Establishment Clause 1981 (Widmer v. Vincent) grants religious groups right to hold meetings on school grounds during non-school hours 1971 (Lemon v. Kurtzman) Can students give example of a Church affiliated School?? (EX: Salpointe Catholic School) SC said aid to church affiliated schools, must neither promote or harm religion, and must avoid excessive entanglements Could get money and use for new football field, could not use state money for a new statute of Jesus in the endzone

Religion and Schools 1981 – Widmer v. Vincent Religious groups can hold meetings on school grounds during non-school hours 1981 (Widmer v. Vincent) grants religious groups right to hold meetings on school grounds during non-school hours 1971 (Lemon v. Kurtzman) Can students give example of a Church affiliated School?? (EX: Salpointe Catholic School) SC said aid to church affiliated schools, must neither promote or harm religion, and must avoid excessive entanglements Could get money and use for new football field, could not use state money for a new statute of Jesus in the endzone

Religion and Schools Give me an example of a religiously affiliated school 1971 – Lemon v. Kurtzman aid to church affiliated schools, must neither promote or harm religion, and must avoid excessive entanglements 1981 (Widmer v. Vincent) grants religious groups right to hold meetings on school grounds during non-school hours 1971 (Lemon v. Kurtzman) Can students give example of a Church affiliated School?? (EX: Salpointe Catholic School) SC said aid to church affiliated schools, must neither promote or harm religion, and must avoid excessive entanglements Could get money and use for new football field, could not use state money for a new statute of Jesus in the endzone

Free Exercise Clause “Congress shall make no law…prohibiting the free exercise of religion…” Govt can’t restrict people’s religious practices Goal of 1st Amendment could be to reduce religious conflicts in USA. Got country full of Puritans, Separationists, Quakers, Catholics, and those are just a few Christian groups Guarantees right to believe and worship as you wish, as liong as…it does not infringe on rights of others (RELATIVE RIGHTS) When examining issues SC looks at what limits govts can place on religious actions

Limits on Free Exercise Clause Is there ever a situation when Govt can restrict religious practices? Limits – religious beliefs cannot infringe on health, safety, welfare, or morals of society (1903) People v. Pierson (Medical Treatment) (1949) Bunn v. North Carolina (Poisonous Snakes) Examples of limits on religious beliefs Snake handling at Pentecostal Church of God in Kentucky 1940s - danger due to the fact that they would have children in audience with the poisonous snakes -baby girl contracts whooping cough, dies of pnemonia, parents did not visit a doctor. Family believed in divine healing, parent convicted of misdemeanor for failing to provide medical care for daughter Court said you need to provide healthcare in cases of serious illness You can accept divine healing if you are an adult, but not a child.need to protect health and welfare of a child

Groupies! Groups of 3, read about your case Your group will explain basics of case in front of the class Answer these 4 questions on paper What was the issue your case addressed? Did this relate to Establishment Clause or the Free Exercise Clause? Why? How did the Supreme Court rule? Does this promote or restrict religion? Examples of religion 1981 (Widmer v. Vincent) grants religious groups right to hold meetings on school grounds during non-school hours 1962 (Engel v. Vitale) school or teacher led prayers or recitation of bible verses is unconstitutional Moment of silence is Constitutional