Freedom of Freedom of ReligionReligion

Comunicación y Gerencia

Pair-Share

• “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” First Amendment

• Explain the Establishment & Free Exercise clauses of the First Amendment.

Objective

• Students will understand the establishment and free exercise clauses of the 1st amendment.

Two guarantees of religious freedom:

Freedom of ExpressionFreedom of Expression

Establishment Clause

• Guards against establishing a mandated religion.

• In effect, freedom from religion

Free Exercise Clause

• Guards against the government interfering in the exercise of any religion.

• In effect, freedom for religion.

Separation of Church and StateSeparation of Church and State

A wall of separation?

Church and government are constitutionally separated from

one another

However, the government supports churches and religion in a variety of ways, including tax exemption.

Religion and EducationReligion and Education

The Supreme Court has had to consider many Establishment Clause cases that involve religion

and education.

Released Time—students can be released during school hours toattend religious classes, as long as the classes do not take place in apublic facility

Prayers and the Bible—the use of prayer and the Bible in a religiousway is not allowed in school or at school functions

Student Religious Groups—are allowed to meet in the school onthe same basis as other student organizations

Evolution—a doctrine can not be preferred or prohibited according to itsrelation to a religious theory

Aid to Parochial Schools—the Supreme Court uses the Lemon testto determine what public funding of church-related schools is acceptable

The Lemon Test

The Lemon Test is based on Lemon v. Kurtzman, 1971.

• The purpose of the aid must be nonreligious.

• The aid can neither advance nor inhibit religion.

• Aid must not excessively entangle the

government with religion.

Other Establishment Clause CasesOther Establishment Clause Cases

Seasonal Displays• Lynch v. Donnelly, 1984—

allowed the display of a nativity scene along with other nonreligious objects on public land

• County of Allegheny v. ACLU, 1989—prohibited an exclusively Christian holiday display

• Pittsburgh v. ACLU, 1989—allowed a multi-faith holiday display

Chaplains• The Supreme Court ruled

in Marsh v. Chamber, 1983 that it was permissible for chaplains to open daily sessions of Congress and State legislatures

The Free Exercise ClauseThe Free Exercise Clause

Limits• Actions that violate social

duties or disrupt social order are not covered under the Free Exercise Clause.– Examples:– Bigamy– Using poisonous snakes during

religious ceremonies– Schoolchildren who have not

been vaccinated

Free Exercise Upheld• The Court has found many

government actions to be counter to the Free Exercise Clause.– Examples:– Amish children cannot be

forced to go to school after grade 8

– Ministers are allowed to hold elective office

– Unemployment benefits cannot be denied to someone who quit their job because of religious beliefs

Wrap-Up

• For each scenario determine which clause of the first amendment does it violate and explain the reason.

Scenario #1

• A public school teacher conducts a prayer in her classroom. Which clause of the first amendment is she violating?

• Answer: The Establishment Clause because if a teacher conducts a prayer in school she is establishing a religion.

Scenario #2• A private religious school obtains funds from

the federal government. They spend some of the money for the teacher’s salaries. Is this violating the first amendment? Why or why not?

• Answer: Yes! It does not pass the Lemon Test; “the purpose of the aid must be non-religious”. Since religious school teachers can preach religion it violates the establishment clause.

Scenario #3

• A large Santa Clause is displayed on the lawn of the city hall. Does this violate the first amendment? Why or Why not?

• No. It is not a religious symbol.

Scenario #4

• A woman is fired from her job at a pig farm for refusing to taste the bacon. It is against her religion to eat pork. Does this violate the first amendment free exercise clause? Why or why not?

• Yes. You cannot get fired from a job if you refuse to do something against your religion.

Scenario #5

• A teacher uses the bible in her classroom to teach about religion. Is she violating the establishment clause of the first amendment?

• NO. As long as teachers only TEACH and not PREACH religion, they can use the bible in the classroom.