The First Amendment Freedom of Religion

Church and State: The Free-Exercise Clause Definition: Citizens may practice religion as they see fit; no law may impose particular burdens on religious institutions Relatively clear meaning: no state interference, similar to speech a. Ensures that no law may impose particular burdens on religious institutions b. Example: Hialeach, FL cannot ban animal sacrifices by Santerians because killing animals is not generally illegal

Church and State: The Free-Exercise Clause But still have to follow laws binding all citizens Oregon v. Smith No use of peyote (illegal substance) in religious services Some conflicts between religious freedom and public policy still difficult to settle a. Conscientious objection to war, military service (Quakers) b. Refusal to work Saturdays (Seventh-Day Adventists) c. Refusal to send children to public school beyond eighth grade (Amish)

The Establishment Clause Definition: Government cannot establish a national religion; “wall of separation” between church and state should exist (Jefferson’s view) Ambiguous phrasing of First Amendment requires Court interpretation Supreme Court interpretation: no governmental involvement, even if the involvement would not be preferential

The Establishment Clause a. 1947 New Jersey case allowed Catholic schools parents to be reimbursed for the cost of busing their children to schools because business is a religiously-neutral activity b. Court has since struck down school prayer, “creationism,” in-school release time for religious instruction c. Court has allowed certain kinds of aid to parochial schools and denominational colleges d. Court has allowed voucher money to go to parochial schools, on grounds the aid went to the families, not schools; families were free to choose a school

The Establishment Clause e. Government involvement in religious activities is constitutional if it meets the following tests: The Endorsement Test: 1) Does this activity/idea seem to endorse a particular religion? If so, not constitutional. *This idea was too simplistic. (Replaced with Lemon) ***Lemon v. Kurtzman (creation of Lemon test) *** The Lemon Test 1) Secular purpose 2) Primary effect neither advances nor inhibits religion 3) No excessive government entanglement with religion

The Establishment Clause: Supreme Court rulings, however, remain complex and shifting in regard to the establishment clause Let’s hear about some famous examples

The Establishment Clause Supreme Court Cases Engel v. Vitale (school prayer unconstitutional) Schempp v. Abington (no daily readings from Bible) Lee v. Weisman (public prayer violates establishment clause) Santa Fe v. Doe (Student chaplain prayer before football game unconstitutional) –update to Lee v. Weisman) Christian Legal v. Martinez (Religious group, campus recognition) Zelman v. Simmons-Harris (Pilot Project Scholarship Program) Elk Grove v. Newdow (“under God” in pledge ok)

What about today? New way for federal government to ensure public schools do not excessively restrict religion: Schools can’t receive NCLB funds unless school certifies it does not ban prayer or religious expression that is conducted in a constitutional way.