1. ADVANCED AMERICAN GOVERNMENT

2. FREEDOM OF EXPRESSION (read 1 st paragraph p. 537) Protected in the Ist Amendment Also protected by XIVth Amendment Due Process Clause The guarantees prohibit: 1) an “establishment of religion” (the ESTABLISHMENT CLAUSE) 2) any arbitrary interference by government in “the free exercise” of religion (the FREE EXERCISE CLAUSE) Also, Article VI, Section 3

3. SEPARATION OF CHURCH AND STATE The Establishment Clause sets up “a wall of separation between church and state.” – Thomas Jefferson Government and religion are not enemies even though they are disconnected constitutionally Most contributions and all property are free from federal, state, and local taxation Chaplains serve with each branch of the military USSC—First Establishment Clause case 1947

4. RELIGION AND EDUCATION Everson v. Board of Education (1947) Aka—New Jersey School Bus Case Upheld a state law that provided public tax-supported bussing of students attending any school in the state, including parochial schools Some arguing this meant the USSC was supporting religion USSC said this law was a safety measure intended to benefit children

5. RELEASED TIME Allows public schools to release students during school hours to attend religious classes McCollum v. Board of Education (1948) Ruling—struck down law because public facilities used for religious purposes during school time in Champaign, IL Zorach v. Clauson (1952) Ruling—upheld because programs were held in private places, not public buildings

6. PRAYERS AND THE BIBLE USSC—7 major cases concerning reading the bible or praying in public schools (read summaries of cases p. 539) Lee v. Weisman (1992)—struck down law allowing the offering of prayer as part of a public graduation ceremony Despite rulings, organized prayer and Bible readings are found in a great many public school classrooms today.

7. STUDENT RELIGIOUS GROUPS Equal Access Act of 1984 Any public high school that receives federal funds must allow student religious groups to meet in the school on the same terms that it sets for other student groups (upheld by USSC—Westside Community Schools v. Mergens (1990))

8. EVOLUTION Epperson v. Arkansas (1968) USSC struck down a state law forbidding the teaching of the scientific theory of evolution Both theories have the right to be heard Edwards v. Aguillard (1987) USSC struck down a LA law that said that if teachers taught evolution, that would be required to also teach creation.

9. AID TO PAROCHIAL SCHOOLS Is it constitutional in any case to give public monies to parochial schools? Pro: Give some money to parochial schools to help lessen the financial burden on families of parochial students that pay taxes to the public school and tuition to the parochial school Con: Parents who send kids to parochial school are accepting the financial burden that comes with it.

10. THE LEMON TEST 3-part test for aid to parochial schools 1) The purpose of the aid must be clearly secular, not religious 2) the aid’s primary effect must neither advance nor inhibit religion 3) it must avoid an “excessive entanglement of government with religion” Lemon v. Kurtzman (1971)—Establishment Clause is designed to prevent three main evils: sponsorship, financial support, and active involvement of the gov’t. in religious activity

11. USSC struck down a PA law that provided for reimbursements to private schools to cover public teacher salaries, books, and other materials Public program was a direct benefit to the parochial school but the closeness provide excessive entanglement of government with religion Exception: States can pay church-related schools what it costs them to administer standardized tests. Public funds cannot pay for parochial teachers

12. ADDITIONAL LEMON TEST CASES Zobrest v. Catalina (1993-AZ)—it is legal to use public money to provide an interpreter for a deaf student in a Catholic high school and doesn’t violate the Establishment Clause Mitchell v. Helms (2000-LA)—it is legal to loan public material such as computers, etc. to parochial schools 1) items are loaned, not given 2) items can only be used in “secular, neutral, and nonideological” programs

13. OTHER ESTABLISHMENT CAUSE CASES SEASONAL DISPLAYS Can publically sponsored observances or displays properly include expressions of religious belief? Lynch v. Donnelly (1984—Pawtucket, RI) City can include religious displays in conjunction with nonreligious items. What about displays of only religious items? County of Allegheny v. ACLU (1989) Large nativity placed in county courthouse with a banner “Glory to God in the Highest”

14. USSC ruled this violated the Ist and XIVth Amendments Pittsburgh v. ACLU (1989) USSC allowed a display of a large Christmas tree, an 18- foot menorah, and a sign declaring the city’s dedication to religious freedom CHAPLAINS Beginning each session of Congress with prayer is permissible

15. Marsh v. Chambers (1983-NE) Legal based on two points: 1) tradition—prayer has been offered since colonial times 2) legislators, unlike school children, are not “susceptible to religious indoctrination or peer pressure.”

16. THE TEN COMMANDMENTS Van Orden v. Perry (TX)—5-to-4 majority says display on capital grounds did not violate Ist and XIVth Amends. because it was part of a private display to prevent juvenile delinquency McCreary County v. ACLU of KY—different 5-to-4 majority ruled their display in KY courthouses was unacceptable

17. THE FREE EXERCISE CLAUSE Guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion. Protected by Ist and XIVth Amendments You cannot violate criminal law in the name of Free Exercise Reynolds v. United States (1879) Reynolds was a Mormon who had two wives Polygamy was allowed by the church but violated federal law

18. Reynolds was convicted but appealed based on violation of his free exercise rights but USSC disagreed LIMITS ON FREE EXERCISE Rulings: for the vaccination of school children For the prohibition of using snakes in a religious rite States can require religious groups to have a permit to parade on public streets

19. FREE EXERCISE UPHELD Cantwell v. Connecticut (1940) USSC struck down law requiring a person to obtain a license before soliciting money for a religious cause Wisconsin v. Yoder (1972)--Amish children cannot be forced to attend school beyond the 8 th grade because they live in a self-sufficient agrarian lifestyle essential to their religious faith is threatened by modern education United States v. Lee (1982)—Amish must pay Social Security tax like all other employers

20. McDaniel v. Paty (1978)—States cannot keep ministers from holding public office THE END