Civil Liberties POLS 21: The American Political System “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” —Benjamin Franklin

Church and State SUPREME COURT'S RULINGS WEAKEN CHURCH-STATE WALL —The Boston Globe, June 17, 2001 CRACKS IN THE CHURCH-STATE WALL —Hartford Courant, July 5, 2001 TEARING DOWN THE WALL SEPARATING CHURCH AND STATE —The San Diego Union-Tribune, June 14, 2001 A FLEXIBLE CHURCH-STATE WALL —The Christian Science Monitor, June 13, 2001 SIZING THE CHURCH-STATE WALL —Milwaukee Journal Sentinal, June 12, 2001 SUPREME COURT'S RULINGS WEAKEN CHURCH-STATE WALL —The Boston Globe, June 17, 2001 CRACKS IN THE CHURCH-STATE WALL —Hartford Courant, July 5, 2001 TEARING DOWN THE WALL SEPARATING CHURCH AND STATE —The San Diego Union-Tribune, June 14, 2001 A FLEXIBLE CHURCH-STATE WALL —The Christian Science Monitor, June 13, 2001 SIZING THE CHURCH-STATE WALL —Milwaukee Journal Sentinal, June 12, 2001

The First Amendment 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 a redress of grievances.

Jefferson’s Letter to the Danbury Baptists, 1802

Freedom of Religion Source Key Issues and Controversies ESTABLISHMENT CLAUSE “Congress shall make no law respecting an establishment of religion…” School prayer (Engel v. Vitale, 1962) Public aid to parochial schools (Lemon v. Kurtzman, 1971) Pledge of Allegiance Evolution vs. creationism and “intelligent design” The public display of religious material (e.g., the Ten Commandments) Government funding of “faith-based” charities and social services FREE EXERCISE CLAUSE “…or prohibiting the free exercise thereof….” The “compelling interest test” Use of a religious defense for otherwise criminal action Refusal of life-saving medical treatment for children on religious grounds

“Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen.”

Public Opinion on School Prayer By law, prayer should not be allowed in public schools (16%) The law should allow public schools to schedule time when children can pray silently when they want to (50%) The law should allow schools to schedule time when children as a group can say a general prayer not tied to a particular religious faith (24%) By law, public schools should schedule time when all children would say a chosen Christian prayer (8%) Which of the following views comes closest to your opinion on the issue of school prayer?

The First Amendment 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 a redress of grievances.

Freedom of Religion Source Key Issues and Controversies ESTABLISHMENT CLAUSE “Congress shall make no law respecting an establishment of religion…” School prayer (Engel v. Vitale, 1962) Public aid to parochial schools (Lemon v. Kurtzman, 1971) Pledge of Allegiance Evolution vs. creationism and “intelligent design” The public display of religious material (e.g., the Ten Commandments) Government funding of “faith-based” charities and social services FREE EXERCISE CLAUSE “…or prohibiting the free exercise thereof….” The “compelling interest test” Use of a religious defense for otherwise criminal action Refusal of life-saving medical treatment for children on religious grounds

The Free Exercise Clause When restricting religious freedom, the government must show a compelling state interest in restricting religious freedom.

Freedom of Religion “The First Amendment, then, is a barrier against the state, not against the people; it sets limits on government power and guarantees individual liberties, including religious liberty. It requires the state to be neutral in religious matters, to ‘keep its hands off’ religious choices and leave decisions of conscience to the people.” —Edward F. Harrington, “The Metaphorical Wall”