Freedom of Religion

The First Amendment The founding fathers had a deep concern about the relationship between church and state The founding fathers had a deep concern about the relationship between church and state

The First Amendment The founding fathers had a deep concern about the relationship between church and state The founding fathers had a deep concern about the relationship between church and state There are two clauses that protect religious freedom: There are two clauses that protect religious freedom:

The First Amendment The founding fathers had a deep concern about the relationship between church and state The founding fathers had a deep concern about the relationship between church and state There are two clauses that protect religious freedom: There are two clauses that protect religious freedom: The establishment clause forbids the gov’t from setting up a state religion, and it prohibits it from endorsing a religion The establishment clause forbids the gov’t from setting up a state religion, and it prohibits it from endorsing a religion

The First Amendment The free exercise clause protects the rights of the individuals to worship as they choose The free exercise clause protects the rights of the individuals to worship as they choose

The Establishment Clause Jefferson referred to this clause as a “wall of separation between church and state” Jefferson referred to this clause as a “wall of separation between church and state”

The Establishment Clause Jefferson referred to this clause as a “wall of separation between church and state” Jefferson referred to this clause as a “wall of separation between church and state” IF there is a wall, then why don’t churches pay property taxes? Isn’t this support for churches? IF there is a wall, then why don’t churches pay property taxes? Isn’t this support for churches?

The Establishment Clause Supreme Court has several tests for cases in this realm: Supreme Court has several tests for cases in this realm:

The Establishment Clause Supreme Court has several tests for cases in this realm: Supreme Court has several tests for cases in this realm: Endorsement Test – was the intent to endorse religion in the eyes of the community? Endorsement Test – was the intent to endorse religion in the eyes of the community?

The Establishment Clause Supreme Court has several tests for cases in this realm: Supreme Court has several tests for cases in this realm: Endorsement Test – was the intent to endorse religion in the eyes of the community? Endorsement Test – was the intent to endorse religion in the eyes of the community? Three-part Test Three-part Test

The Establishment Clause Supreme Court has several tests for cases in this realm: Supreme Court has several tests for cases in this realm: Endorsement Test – was the intent to endorse religion in the eyes of the community? Endorsement Test – was the intent to endorse religion in the eyes of the community? Three-part Test Three-part Test The gov’t action/law must have a secular purpose The gov’t action/law must have a secular purpose

The Establishment Clause Supreme Court has several tests for cases in this realm: Supreme Court has several tests for cases in this realm: Endorsement Test – was the intent to endorse religion in the eyes of the community? Endorsement Test – was the intent to endorse religion in the eyes of the community? Three-part Test Three-part Test The gov’t action/law must have a secular purpose The gov’t action/law must have a secular purpose The primary effect of the action must not hinder nor advance religion The primary effect of the action must not hinder nor advance religion

The Establishment Clause Supreme Court has several tests for cases in this realm: Supreme Court has several tests for cases in this realm: Endorsement Test – was the intent to endorse religion in the eyes of the community? Endorsement Test – was the intent to endorse religion in the eyes of the community? Three-part Test Three-part Test The gov’t action/law must have a secular purpose The gov’t action/law must have a secular purpose The primary effect of the action must not hinder nor advance religion The primary effect of the action must not hinder nor advance religion The operations of an action must not cause an entanglement of gov’t and religion The operations of an action must not cause an entanglement of gov’t and religion

The Establishment Clause Important decisions under the establishment clause include: Important decisions under the establishment clause include:

The Establishment Clause Important decisions under the establishment clause include: Important decisions under the establishment clause include: An end to school sponsored prayer (even voluntary prayer led by a school) An end to school sponsored prayer (even voluntary prayer led by a school)

The Establishment Clause Important decisions under the establishment clause include: Important decisions under the establishment clause include: An end to school sponsored prayer (even voluntary prayer led by a school) An end to school sponsored prayer (even voluntary prayer led by a school) Types of funding to parochial schools Types of funding to parochial schools

The Free Exercise Clause While your right to worship as you choose is protected, it is only protected as long as it does not conflict with other important interests While your right to worship as you choose is protected, it is only protected as long as it does not conflict with other important interests

The Free Exercise Clause While your right to worship as you choose is protected, it is only protected as long as it does not conflict with other important interests While your right to worship as you choose is protected, it is only protected as long as it does not conflict with other important interests Religious belief is protected, however actions on a belief may be restricted Religious belief is protected, however actions on a belief may be restricted

The Free Exercise Clause While your right to worship as you choose is protected, it is only protected as long as it does not conflict with other important interests While your right to worship as you choose is protected, it is only protected as long as it does not conflict with other important interests Religious belief is protected, however actions on a belief may be restricted Religious belief is protected, however actions on a belief may be restricted Ex. Mormon practice of polygamy Ex. Mormon practice of polygamy

The Free Exercise Clause If gov’t intentionally interferes w/ religious practice, then the courts will side with religion If gov’t intentionally interferes w/ religious practice, then the courts will side with religion

The Free Exercise Clause If gov’t intentionally interferes w/ religious practice, then the courts will side with religion If gov’t intentionally interferes w/ religious practice, then the courts will side with religion Ex. Florida city banned animal sacrifice in an attempt to limit practice of the Santeria religion Ex. Florida city banned animal sacrifice in an attempt to limit practice of the Santeria religion

The Santa Clause