American government Unit 5

Lesson 28 pages 201-206 How does the First Amendment affect the establishment and free exercise of religion? Objective: Explain the importance of religious freedom in the United States and identify primary differences between the establishment and free exercise of religion. Describe how the Supreme Court has interpreted the religion clause, ongoing issues involving those clauses, and how conflicts can arise between the establishment and free exercise clauses.

What is an established religion? 17th century- first English colonies were being settled in America. Europe was in the midst of religious wars and reformation during the previous century. Century of bloodshed between Catholics and Protestants. (struggled for political power) Political power was achieved by outlawing religions, banishing, torturing, jailing or killing.

What is an established religion? Most Europeans continued to accept the legitimacy of an established, official religion. Religion and morality were considered the foundation of a successful government. France and Spain- Roman Catholic German states and Sweden- Lutheran England- Act of Supremacy 1534- Church of England or Anglican Church

What is an established religion? People fleeing persecution settled in the colonies. Tradition of their official church. Little patience with those who did not “belong”. Taxed against their will to support state religions. Punished for not attending church Punished for “heretical” opinions. **Religious intolerance did not remain universal in the colonies for long.

What is an established religion? Roger Williams was exiled from Massachusetts Bay Colony: 1636- secured land from the Indians Now Rhode Island New society Freedom of conscience Religious toleration Separation of church and state No established church or state supporting one church over another. Obey majority in “civil things”

Why does the First Amendment prohibit Congress from establishing a national religion? Great Awakening: Religious revival of the mid-18th century Drew many people to new religious groups i.e. Methodists, Baptists Growing number of religious groups made it: Unlikely that one particular church would dominate Difficult for one church to claim special privileges from the gov’t Gov’t supported several Protestant churches in order to support religion in general Catholics, Jews and others were not support. They were discriminated against.

Why does the First Amendment prohibit Congress from establishing a national religion? End of 18th Century: Americans thought religion was important in developing characters needed to maintain a free society. Time of Constitution, Americans though religion was important enough to be protected. Strengthened both the church and the state No established religion allowed. Individuals were free to decide for themselves.

How did the establishment clause affect the states? Prohibited Congress from establishing a national religion. Some thought- left the states free to maintain established religion. State abandon the idea of an established religion because of too much diversity. 1833- Massachusetts changed its constitution to require separation of church and state.

End of established churches didn’t end controversies! What is the meaning of the establishment clause? Some state governments provided aid to churches. Laws requiring prayer and Bible reading in schools 1947- Supreme Court ruled that the 14th Amendment incorporated the establishment clause to the states (Everson V. Board of Education) Limited both the state and national governments.

End of established churches didn’t end controversies! General agreement: The establishment clause means that government may not sponsor an official church. But what else does it mean? 3 types of interpretation: Broad Interpretation Narrow Interpretation Literal Interpretation

Interpretations of the establishment clause: Broad Interpretation: Prevents gov’t from providing any aid to any religion No tax money can fund religious activities, practices or institutions. Many agree that the government can give religious groups the same services as anyone else- police, fire etc. Gov’t may provide assistance that makes it easier for people to exercise their religion. Ex: school excuses for students during religious holidays

Interpretations of the establishment clause: Narrow Interpretation: Prohibits gov’t from giving preferential treatment to one religious group. Doesn’t prohibit the gov’t from supporting religion as long as it does so impartially. Allows “In God we trust.” on currency. Allows non-denominational school prayers.

Interpretations of the establishment clause: Literal Interpretation: 1st Amendment only prohibits the establishment of an official government religion. Ok for the government to participate in religious practices: Example: May participate in a Christmas celebration as long as Christianity is not declared an official established religion.

What rights does the free exercise clause protect? 1. Freedom to believe – absolute right. 2. freedom to practice religious beliefs- not absolute.

How is the right of free exercise balanced against other interests of society? Judges are confused: Differing opinions of the justices. Sometimes overturn/overrule previous decisions Difficult to make the “criteria” or “test” to judge by.

How is the right of free exercise balanced against other interests of society? Health of the Community- must be balanced with individual beliefs and practices. The public health is more important. Ex. Blood transfusions Life, liberty and health of the individual- mentally competent adults can make their own decisions. Ex. Blood transfunsions

How is the right of free exercise balanced against other interests of society? Court asks: Is the law neutral and does it apply to everyone? Yes- then ok! If the law is not neutral and does not apply to everyone, did the government have a “compelling interest for enacting it?”

How is the right of free exercise balanced against other interests of society? Examples: Smith v Oregon (1990) Peyote Upheld law Neutral, applied to everyone. Church of the Lukumi Babalu Aye, Inc. V. City of Hialeah (1993) Prohibits slaughter of animals in religious ceremonies Not neutral, did not apply to all animal slaughter.

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