Freedom of Religion Chapter 5, Theme 3. Freedom of Religion There are 2 main parts dealing with religious freedom: Establishment Clause: “Congress shall.

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Freedom of Religion Chapter 5, Theme 3

Freedom of Religion There are 2 main parts dealing with religious freedom: Establishment Clause: “Congress shall make no law respecting an establishment of a religion…” Free Exercise Clause: “…or prohibiting the free exercise thereof.”

Ambiguity of Establishment Clause To which level of government did the 1 st Amendment pertain originally? Prove it! Does the 1 st Amendment speak to “separation of church & state?” Does it imply it? Supreme Court weighs whether government actions or laws violate this clause. How did the clause come to pertain to states? Discuss the Everson decision & incorporation.

Interpreting the Establishment Clause Outline the three views of interpretation: –Broad view –Narrow view –Literal view Complete sheet! Do A-F. Discuss cases using “Lemon” Test. Analyze holding & significance of each. Discuss government & religion in practice. Discuss Marsh v. Chambers ruling (video?) Watch Town of Greece v. Galloway and discuss.Town of Greece v. Galloway

Interpretation of the Free Exercise Clause Why is it important to exercise your religion without interference? Why is the free practice still regulated sometimes? Cantwell v. CT incorporated “free exercise” to states. (Jehovah Witness practice of door-to-door) The “test” for free exercise clause is: –Is the law to which religious adherents object neutral and applicable to everyone? –If the law is not neutral or applicable to all, did the government have a compelling interest for enacting it?

Interpretations of Free Exercise Clause Government has the burden of proof in free exercise cases. Supreme Court weighs government actions or laws as constitutional. Discuss Smith v. Oregon case & decision. –State can make peyote illegal because it is dangerous –Applies to all –Constitutional Discuss Church of Lukumi Babalu Aye v. Hialeah. –Killing animals is legal in most cases in the city –Did not apply to all –Unconstitutional Do Cases G-J on sheet & discuss holding & significance of each. Discuss Holt v. Hobbs case.Holt v. Hobbs