1. UNIT 5 CHAPTER 28 FREEDOM OF RELIGION

2. BACKGROUND In Colonial America, there was often religious intolerance in the colonies. Rhode Island was founded by Roger Williams after he was exiled from Massachusetts Bay Colony. Separation of church and state prevents the establishment of a state church or endorsement of any religion

3. ESTABLISHMENT CLAUSE Congress can not form a national religion By 1833 no state had an established church Broad interpretation- this position holds that the government should not aid religion in anyway. It may give a religion the same treatment as any other group. Narrow interpretation- government may not give preferential treatment to one religion over another Literal interpretation- government may not establish a religion, but can participate in some religious practices such as Christmas celebrations

4. FREE EXERCISE The freedom to believe in a religion Freedom to practice religious beliefs Practice of religious beliefs may be limited to protect civic values Smith v Oregon (1990) Church of Lukumi Babalu Aye, Inc. v City of Hialeah

5. QUESTIONS THE COURT CONSIDERS Is the law to which religious adherents object neutral and does it apply to everyone? If the law is not neutral and does not apply to everyone, did the government have a compelling interest for enacting it, and did the government adopt the least restrictive means for furthering that compelling interest?