1. Establishment & Free Exercise
Freedom of Religion
Establishment & Free Exercise

2. What Do You Think “Freedom of Religion” means?

3. What Does the Constitution Say?
“government shall make no law
respecting an establishment of religion,
or prohibiting the free exercise thereof;”
-- US Constitution, First Amendment

4. Two Types of Protections
Establishment Clause
Government should not establish an official church or support religion or religious activities
AKA: should be no contact between the government and the Church
Free Exercise Clause
Government cannot unduly interfere with exercising your religious beliefs
Court has made a distinction between belief and practice
What’s the Controversy?
According to Thomas Jefferson, the first amendment was meant to “Build a wall of separation between Church and State”
Controversy: how high should the wall go?

5. Free Exercise Cases

6. Reynolds v. United States (1879)
Case:
George Reynolds was a Mormon who had two wives and was convicted of polygamy
His religion permitted polygamy but a federal law prohibited it
Supreme Court Decision:
Arrest and conviction was constitutional
Not free to worship in ways that violate laws protecting the health, safety, or morals of the community

7. Oregon v. Smith (1990) Case: Supreme Court Decision:
Two Native Americans – who worked for a private drug rehabilitation organization – were fired for ingesting peyote as part of a religious service
Denied unemployment benefits because dismissed for “work-related misconduct” (worked for a private drug rehabilitation organization)
Supreme Court Decision:
Constitutional
Free exercise does not exempt one from drug laws

8. Wisconsin v. Yoder (1972) Case: Supreme Court Decision:
Amish refuse to follow a state law which requires children to attend school until the age of 16
Amish stop their children’s formal education at 8th grade
Supreme Court Decision:
Family’s free exercise rights had been violated
practice “intimately related to daily living” and would present “a very real threat of undermining the Amish community.”

9. Minersville School District v. Gobitis (1940)
Case:
Two students expelled from school for refusing to salute the flag
Students were Jehovah’s Witnesses and believed saluting the flag violated the commandment against bowing down to any graven image
Supreme Court Decision:
Upheld the school regulation and the expulsion
Flag was a patriotic symbol and requiring the salute did not infringe on religious freedom

10. West Virginia State Board of Ed. v. Barnette (1943)
Case:
WV required students to salute the flag and recite the Pledge of Allegiance
Jehovah’s Witnesses appealed this requirement based on Gobitis
Supreme Court Decision:
Law was unconstitutional
Reversed the Court’s decision in Gobitis
Patriotism could be achieved without forcing people to violate their religious beliefs

11. Church of Lukumi Babalu Aye v. City of Hialeah (1993)
Case:
This church leased land and planned to build a church, school, and cultural center to practice Santeria – which included the ritual sacrifice of animals
In response, the city passed several ordinances prohibiting animal sacrifice
Supreme Court Decision:
Ordinances were unconstitutional
Law must be neutral and generally applicable

12. Welsh v. United States (1970)
Case:
Welsh convicted of refusing the draft
An atheist, he claimed he had a moral opposition to conflict in which people were being killed
Supreme Court Decision:
Unconstitutional
Welsh should be declared a conscientious objector even though he declared that his opposition was not based on religious convictions

13. Establishment Cases

14. Prayer in
Schools

15. Engel v. Vitale (1962) Case: Supreme Court Decision:
NY created a non-denominational prayer it urged school to use
“Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our country.”
Supreme Court Decision:
Unconstitutional

16. Wallace v. Jaffree (1985) Case: Supreme Court Decision:
AL law requiring a moment of silence for “meditation OR silent prayer” at the beginning of each school day
Supreme Court Decision:
Unconstitutional
Reference to prayer was an endorsement of religion

17. Lee v. Weisman (1992) Case: Supreme Court Decision:
Clergy-led prayers at public high school graduation ceremonies
Supreme Court Decision:
Unconstitutional
“captive audience”

18. Santa Fe Independent School District v. Doe (2000)
Case:
Student-led prayer at high school football game
Supreme Court Decision:
Unconstitutional
Prayer said over the public address system
“captive audience”

19. Religious Classes
During
School Hours

20. Westside Community Schools v. Mergens (1990)
Case:
Student-led religious groups/clubs using classroom for religious meetings before or after school hours
Supreme Court Decision:
Constitutional
Equal Access Act (1984) allows public schools to permit student religious groups to hold meetings in the school

21. Epperson v. Arkansas (1968) Case: Supreme Court Decision:
Teaching evolution
Arkansas law banned teaching evolution
Supreme Court Decision:
unconstitutional

22. Supreme Court Decision:
Edwards v. Aguillard (1987)
Case:
State law which required teaching the Bible’s account of creation with evolution as an alternative point of view
Supreme Court Decision:
Unconstitutional
Primary purpose was to “endorse a particular religious doctrine”

23. Government Aid To
Parochial Schools

24. Everson v. Board of Education (1947)
Case:
NJ law allowed state to pay for busing students to parochial schools (religious schools)
Supreme Court Decision:
NJ law was constitutional because it benefited students rather than directly aided religion

25. Lemon v. Kurtzman (1971) Case: Supreme Court Decision:
state supplements to the salary of Catholic school teachers
Supreme Court Decision:
unconstitutional
Established a three-prong test to determine if aid to parochial schools violate the establishment clause
Have a clear, secular purpose (non-religious)
Its main effect can neither advance nor inhibit religion
Avoids “excessive government entanglement with religion”

26. McCollum v. Board of Ed. (1948)
Case:
Religious teachers came to school once a week and gave instruction to those students who desired it
Can public schools release students from school to attend classes in religious instruction?
Supreme Court Decision:
Unconstitutional
Because school rooms were being used for religious purposes

27. Christmas Displays

28. Lynch v. Donnelly (1984) Case: Supreme Court Decision:
City in Rhode Island annually displayed Christmas symbols on the property of a local non-profit organization.
Display included traditional items such as a tree, a Santa Claus, and a nativity scene.
Supreme Court Decision:
Constitutional
Part of a larger holiday display
Thus, did not endorse a particular religion

29. Allegheny Co. v. ACLU (1989) Case: Supreme Court Decision:
Two holiday displays in downtown Pittsburgh.
One was of a privately-owned nativity scene setup inside the Allegheny County Courthouse
other a menorah outside the City-County building
Supreme Court Decision:
Nativity scene was unconstitutional
Independent display; inside the building
Menorah display was not
Placed next to a Christmas tree and a sign saluting liberty
Thus, can be seen as part of a larger seasonal display

30. Transitional Page

31. Is It Constitutional? You DECIDE!!!
New York state composed the following non-denominational prayer and urged schools to use it: “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessing upon us, our parents, our teachers, and our country.”
Moment of silence in schools.
Prayer at public school graduation ceremonies.
A public school requires students to salute the flag and pledge allegiance even if it violates their religious scruples.
Illinois school program in which religion teachers come into schools once a week and give instruction to students who voluntary choose to attend.
State law requiring equal treatment for creationism when teaching evolutionary theory
Establishment
Establishment
Establishment
Free Exercise
Establishment
Establishment

32. Is It Constitutional? You DECIDE!!!
Free Exercise
Mormans challenge federal law prohibiting polygamy.
Amish refuse to follow state law which required children to attend school until the age of 16. The Amish stop their children's formal education at 8th grade.
State supplements the salary of Catholic school teachers.
Government owned nativity scene displayed on private land.
Nativity scene displayed inside a government building
Members of the Native American Church had ingested peyote, a hallucinogenic drug. They were fired for violating drug laws and denied unemployment benefits.
Ordinances passed by the city of Hialeah, Florida, aimed to stop members of the Santeria religion from sacrificing animals in their religious ceremonies.
Free Exercise
Establishment
Establishment
Establishment
Free Exercise
Free Exercise

33. Is It Constitutional? You DECIDE!!!
New York state composed the following non-denominational prayer and urged schools to use it: “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessing upon us, our parents, our teachers, and our country.” (Engel v. Vitale, 1962)
Moment of silence in schools. (Wallace v. Jaffree, 1985)
Prayer at public school graduation ceremonies. (Lee v. Weisman, 1992)
A public school requires students to salute the flag and pledge allegiance even if it violates their religious scruples. (Minersville v. Gobitis, 1940); West Virginia State Board of Education v. Barnette, 1943)
Illinois school program in which religion teachers come into schools once a week and give instruction to students who voluntary choose to attend. (McCollum v. Board of Education, 1948)
State law requiring equal treatment for creationism when teaching evolutionary theory (Edwards v. Aguillard, 1987)
Mormans challenge federal law prohibiting polygamy. Reynolds v. United States, 1878)
Amish refuse to follow state law which required children to attend school until the age of 16. The Amish stop their children's formal education at 8th grade. (Wisconsin v. Yoder,1972)
State supplements the salary of Catholic school teachers. (Lemon v. Kurtzman, 1971)
Government owned nativity scene displayed on private land. (Lynch v. Donnelly, 1984)
Nativity scene displayed inside a government building (Allegheny County v. ACLU, (1989)
Members of the Native American Church had ingested peyote, a hallucinogenic drug. They were fired for violating drug laws and denied unemployment benefits. (Employment Division v. Smith, 1990)
Ordinances passed by the city of Hialeah, Florida, aimed to stop members of the Santeria religion from sacrificing animals in their religious ceremonies. (Church of Lukumi Babalu Aye v. Hialeah,1993)

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