Ch 19 Sec 2 Religion

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12.5 Students summarize landmark U.S. Supreme Court interpretations of the Constitution and its amendments.

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Freedom of Religion

Chapter 19 Section 2

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Topics

I. The Establishment Clause

II. Lemon vs. Kurtz, 1971

III. The Free Exercise Clause

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The First Amendment

• Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

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I. The Establishment Clause

A. The Establishment Clause

B. Establishment and Education

C. Release Time

D. School Prayer

E. Student Groups

F. Evolution

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A. The Establishment Clause

• “Congress shall make no law respecting the establishment of religion….”– Christianity has many interpretations – Prevents the adoption of a national religion– Insures a separation of Church and State

• The U.S. still has a religious history– Predominantly Christian– Has changed with immigration

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B. Establishment and Education

• Everson vs. Board of Education,1947– Issue: Can a state fund busing of students to

parochial schools?– Yes, it was in the interest of the state to

protect children. (Student safety in Busing)– Affirmed that not all forms of state and federal

aid to church related schools are outlawed.

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C. Release Time

• McCollum vs. Board of Education, 1948.– Issue: Can students be released from public

school for religious instruction?– Classrooms could not be used for religious

instruction.– Use of Classrooms implied endorsement.

• Zorach vs. Clauson,1952– Release time was allowed if instruction was

off campus.

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D. School Prayer.

• Engele vs. Vitale,1962– No state endorsed prayers.

• Abington School District vs. Schemp, 1963– Required Bible reading and

prayer were not allowed.

• Stone vs. Graham, 1980– No displays of the 10

Commandments

• Wallace vs. Jaffree, 1985.– No moment of silence

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E. Student religious Groups

• Equal Access act of 1984– Any school that receives federal funds, must

allow student religious groups to meet on campus.

• Court has upheld this several times.– Westside community schools vs. Mergen,

1990– Good News Club vs. Milford Central school,

2001.

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F. Evolution

• Ok to teach evolution as a theory.

• Equal time for Creationism is not.

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What does it mean???

• It is not unconstitutional to pray in school

• School led prayer implies state endorsement

• No religious action can be endorsed by the school

• You can still study the Bible if it is secular in nature.

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II. The Lemon Test

A. Lemon vs. Kurtz 1971

B. The Lemon Test

C. Aid to Parochial Schools.

D. Seasonal displays

E. Chaplains

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A. Lemon vs. Kurtz 1971

• Pennsylvania law allowed for public payment of parochial schools teacher salaries, books, and supplies.

• Court argued that sponsorship, financial support, and involvement in religious activity violated the establishment clause.

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B. The Lemon Test

• This decision attempted to develop a test to determine violations of the establishment clause.– First: law must have a secular purpose.– Second: it must have the effect of neither

inhibiting or advancing a religion.– Third: it must not foster excessive

government entanglement with religion.

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C. Aid to Parochial Schools.

• All aid to parochial schools should (???) pass the Lemon test.

• Mueller vs. Allen, 1983.– Can parents claim a tax deduction for tuition

to private schools.– Yes, it benefits all parents.

• Court does allow states to pay for tests, grants for sex education, interpreters.

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D. Seasonal Displays.

• Lynch vs. Donnelly, 1984: can a display of the nativity be placed in city hall?– No, cannot endorse one religion over others.

• Alleghany vs. ACLU, 1984– Multiple religious displays from several

religions are ok.

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F. Chaplains

• Legislatures often open a session with a prayer.

• Acceptable for two reasons.– A practice since colonial times– Legislators are not impressionable children.

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III. The Free Exercise Clause.

A. Free Exercise Clause

B. Reynolds vs. United States. 1879.

C. Limits on Free Exercise

D. Free Exercise protected.

E. A standard???

F. Issue of Flag salute.

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A. Free Exercise Clause

• The Free Exercise clause allows us to believe and worship as we wish.– But what about about religious action?– In general the court supports an absolute right

to belief.– The issue of Practice is different.

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B. Reynolds vs. United States. 1879.

• Reynolds vs. United States, 1879.– Could a Mormon be Polygamous?– Believe it, yes.– Practice, no.

• Congress has power to punish violations of social duties or subversive good order.

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C. Limits on Free Exercise

• Practice is allowed as long as health safety and morals of general public are protected.

• Jacobson vs. Massachusetts. 1905– State laws requiring vaccination were upheld

• Bunn vs. North Carolina, 1949.– Forbid use of poisonous snakes in religious rites.

• Lukumi Babalu Aye vs. City of Hialeah, 1993.– City ordinance against animal sacrifice– Court ruled against ordnance

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D. Free Exercise protected.

• Wisconsin vs. Yoder. 1972– Amish were not required to attend public

schools after 8th grade.

• Ministers can hold public office.

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E. Does a standard exist?

• Court wants to protect “those beliefs rooted in religion”.– What does that mean?????

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Issue of Flag salute.

• Minnersville School district vs. Gobitis, 1940.– School district has

mandatory flag salute.– Gobitis believed this was a

violation of his religion.– Commandment against

idolatry.– Court upheld flag salute as

promoting patriotism.

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Continued

• West Virginia B of E vs. Burnette, 1943. – Another compulsory flag salute case.– Court reversed decision.– Why?

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Terms

• Establishment Clause• Free Exercise Clause• Parochial• The Lemon Test• Everson vs. Board of

Education,1947• McCollum vs. Board of

Education, 1948.

• Zorach vs. Clauson,1952• Equal Access act of 1984• Lemon vs. Kurtz 1971• Reynolds vs. United

States. 1879• Jacobson vs.

Massachusetts. 1905• Wisconsin vs. Yoder.

1972

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In summary

• Explain the establishment and free exercise clause.

• How have establishment cases involved schools?

• Explain the lemon test.

• How has free exercise been limited?

• How has free exercise been protected?

Ch 19 Sec 2 Religion

Education

Transcript of Ch 19 Sec 2 Religion