Freedom of Religion

Two Main Principles Establishment clause Free Exercise Clause Prohibits the establishment of a church supported by the national government Free Exercise Clause Constrains the national government from prohibiting individuals from practicing the religion of their choice

The Establishment Clause “Congress shall make no law respecting the establishment of religion.” Separation of Church and State? Thomas Jefferson – Danbury Baptist Association Clause overs all conflicts between the state and a religious group.

Aid to Church Related Schools SCOTUS has attempted to draw a line between permissible public aid to church-related schools and impermissible public aid to religion. Lemon v. Kurtzman 1971 – court established rules for permissible aid to religious schools.

Lemon Test That aid had to be secular (nonreligious) in aim. That it could not have the primary effect of advancing or inhibiting religion That the government must avoid an ‘excessive’ entanglement with religion.

Lemon Test Has been interpreted differently over the years. State programs helping church-related schools to be unconstitutional Has allowed – tax funds to be used to: Pay for school lunches Textbooks Speech and hearing diagnostics Standardized testing Special education services

School Vouchers Vouchers issued by the state to pay for education of your child Public or private Can voucher programs violate the establishment clause? Zelman v. Simmons-Harris: ruling stated vouchers are constitutional because vouchers could be used for public or private Did not entangle church and state

School Vouchers Fifteen states allow public funds to be used for private education. Twelve states allow vouchers or scholarships for special needs students Six states provide tax deductions for private school tuition. Some states – Florida and Utah rejected voucher plans.

School Prayer Do the states have a right to promote religion without making any attempt to establish a particular religion? Engel v. Vitale 1962 New York Board of Regents required: “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country.”

Engle v. Vitale Parents that brought the case lost in court – on appeal the Supreme Court ruled: It in no part of the business of government to compose official prayers for any group of American people to recite as part of religious program…

The Debate continues… Moment of silence ruled unconstitutional For prayer or meditation in all public schools Wallace v. Jaffree : “endorsement of religion lacking any clear secular purpose.” Lower courts have ruled ‘moment of silence’ allowed if purpose of the law is secular, not religious.

The Debate continues… Law – “in lieu of prayer, we will have a moment of silence” – not allowed Law – “ we will have a moment of silence” - allowed

Theory of Evolution Certain religious groups oppose the teaching of evolution because it counters their religious belief in the Biblical story of creation. Epperson v. Arkansas laws prohibiting the teaching of evolution violates the USC because it imposed religious beliefs on students. What about other ‘theories’?

Religious Displays on Public Property Not Allowed Allowed

Religious Displays on Public Property Confucius, Moses, Solon

Religious Displays on Public Property

The Free Exercise Clause constrains the national government from prohibiting the free exercise of religion. People are free to believe or not to believe any religious doctrine. Religious practices can be regulated if there is a compelling government interest.

Free Exercise Clause Churches and Religious organizations are tax exempt Not allowed to endorse candidates individually. Can take positions on ballot proposals. Mormon Church and Roman Catholic Church funded campaign for Prop 8 in California that would ban same-sex marriage Can loosed tax exempt status Rarely does IRS enforce policy Branch Ministries v. Rossetti – groups tax exempt status revoked.

Research these cases/laws: Reynolds v. US Oregon v. Smith Wisconsin v. Yoder Marsh v. Alabama Edmund Tucker Act