Freedom of Religion

Chapter 5, Theme 3

Freedom of Religion

• There are 2 main parts dealing with religious freedom:

• Establishment Clause: “Congress shall make no law respecting an establishment of a religion…”

• Free Exercise Clause: “…or prohibiting the free exercise thereof.”

Ambiguity of Establishment Clause

• To which level of government did the 1st Amendment pertain originally? Prove it!

• Does the 1st Amendment speak to “separation of church & state?” Does it imply it?

• Supreme Court weighs whether government actions or laws violate this clause.

• How did the clause come to pertain to states?

• Discuss the Everson decision & incorporation.

Interpreting the Establishment Clause

• Outline the three views of interpretation:– Broad view– Narrow view– Literal view

• Complete sheet! Do A-F.• Discuss cases using “Lemon” Test. Analyze

holding & significance of each.• Discuss government & religion in practice.• Discuss Marsh v. Chambers ruling (video?)• Watch Town of Greece v. Galloway and discuss.

Interpretation of the Free Exercise Clause

• Why is it important to exercise your religion without interference?

• Why is the free practice still regulated sometimes?• Cantwell v. CT incorporated “free exercise” to

states. (Jehovah Witness practice of door-to-door)• The “test” for free exercise clause is:

– Is the law to which religious adherents object neutral and applicable to everyone?

– If the law is not neutral or applicable to all, did the government have a compelling interest for enacting it?

Interpretations of Free Exercise Clause• Government has the burden of proof in free exercise

cases. Supreme Court weighs government actions or laws as constitutional.

• Discuss Smith v. Oregon case & decision.– State can make peyote illegal because it is dangerous– Applies to all– Constitutional

• Discuss Church of Lukumi Babalu Aye v. Hialeah.– Killing animals is legal in most cases in the city– Did not apply to all– Unconstitutional

• Do Cases G-J on sheet & discuss holding & significance of each.

• Discuss Holt v. Hobbs case.