Engle v. Vitale – 1962.

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Presentation transcript:

Engle v. Vitale – 1962

Religious Freedom Enough of this Freedom of Religion Crap - YouTube

Is religion more unifying or divisive in American society?

Separation of Church & State “a wall of separation between church and state.” – TJ What does this mean?

1) Solid Wall of Separation Prohibits all forms of public aid for or support of religion

2) The “wall” forbids the favoring by the state of one religion over another…not nondiscriminatory support/aid for all religions

3) The “wall” only prohibits the establishment of a national religion

Lemon v. Kurtzman (1971) Pennsylvania law that authorized Kurtzman (superintendent) to purchase secular educational services from nonpublic schools. Kurtzman would use state levied taxes to reimburse nonpublic schools for expenses incurred for teachers’ salaries, textbooks, and instructional materials Secular purposes only Is this establishment of religion? What is the reasoning behind your decision?

Establishment Clause: “Congress shall make no law respecting an establishment of religion” Lemon Test: 1) Purpose 2) Promotion 3) Excessive entanglement ($)

Your assignment... --you are assigned to one of five groups of cases regarding establishment of religion --w/ your group a. read about each case b. discuss w/ your group c. apply the Lemon Test d. predict how the SC will decide e. present each case to the class and poll the class regarding their opinion

Establishment Clause: Cases Group #1: Aid to religious schools Lemon v. Kurtzman (1971) Everson v. Board of Education (1947) Zelman v. Simmons-Harris (2002)

Establishment Clause: Cases Group #2—Public School facilities and funds Widmar v. Vincent (1981) Rosenberger v. U. of Virginia (1995)

Establishment Clause: Cases Group #3—Religion in public schools Epperson v. Arkansas (1968) Edwards v. Aguillard (1987)

Establishment Clause: Cases Group #4—Holiday Displays Lynch v. Donelly (1984) County of Allegheny v. ACLU (1989) Jon Stewart--The War on Christmas

Establishment Clause: Cases Group #5—Prayer in public schools Engle v. Vitale (1962) School District of Abington Township v. Schempp (1963) Wallace v. Jaffree (1985) Santa Fe School District v. Doe

Free Exercise Clause: “…or prohibiting the free exercise thereof…”

Mass. V. David & Ginger Twitchell (1990)

Case #1: WV State Board of Ed v. Barnette (1943)

Case #2: Welsh v. United States (1970)

Case #3: State of Wisconsin v. Yoder (1972)

Case #4: Oregon Employment Division v. Smith (1990)

Case #5: Church of Lukumi Babalu Aye v. Hialeah (1993)

Standards: How does the court decide/what criteria do they use? Courts have been inconsistent in their rulings… Sherbert-Yoder Test=less restrictive on free exercise Smith Test=more restrictive on free exercise

1) Legitimacy

2) Balance: state must demonstrate a ‘compelling governmental interest’

3) Compromise – “least restrictive means”

4) Targeting – no “ex post facto” laws targeting religious practices