Religious Liberty Found in the ConstitutionUS History

The First Amendment:

• Freedom of speech, press, religion, assembly, and petition

• In the Constitution are two important clauses:

• The Establishment Clause:• “Congress shall make no law

respecting an establishment of religion.”

The Establishment Clause

• Government cannot favor one religion over another

• Cannot support religion• Makes us different from other

countries…

Separation of Church and State

What does it mean?

Separation of Church and State

• Jefferson felt the 1st Amendment built a “wall of separation” between church (religion) and state (fed. govt.)

• How high do you build this wall?“I have considered it as a matter between every man and his maker in which no other, and far less the public (govt.), had the right to intermeddle.”

- Jefferson on religion

Conflicting messages…

• Oath of office, Pledge of Allegiance, congressional prayer, military chaplains, “In God we Trust”

• Other hand: No teaching of creation, often- no nativity displays, no school prayer, no money for religious activities

Do not write

Therefore… The Lemon Test

• Determines whether or not violation of establishment clause

1. Must have clear, secular purpose

2. Effect does not advance, nor inhibit religion

3. Avoids “excess govt. entanglement” with religion

The Free-Exercise Clause

• Congress is also forbidden to pass laws, “prohibiting the free exercise of religion”

• Sometimes clashes with establishment clause!

Amish children do NOT have to go to school until at least 16 years of age… Does this give preference to one religion?

The Free-Exercise Clause• So free to practice religion, BUT…• You are not always allowed to act

on your beliefs!• The government may interfere if

what one is doing is overriding a common social goal

• Ex: No peyote! No snakes! • Not allowed to violate the health,

safety, and morals of a community.

DON’T WRITE

Four Supreme Court Cases you should know… #1

•McCollum v. Board of Edu. (1948)

• The Court finds religious instruction in public school is a violation of … _________

• therefore, unconstitutional• Meaning: A classroom cannot

become a church/temple service

Case #2• West Virginia State Board of

Edu. V. Barnette (1943)• Free Speech Clause of 1st

amendment protects students from being forced into saluting the flag and saying the pledge.

• Meaning: though unpopular, those who hold the pledge as “idol worship” in their religion, are protected

Case #3•Engel v. Vitale (1962)• Any kind of school prayer, when

composed by school officials has been seen as a violation of ______

• Meaning: prayer is not OK, (though acceptable by students/clubs).

• Moments of silence? No firm answer.

Case #4•Epperson v. Arkansas (1968)• Statute banning teaching of

evolution unconstitutional. • A state cannot alter a course in

order to promote a religious point of view

• Meaning: Evolution (though also a theory) is the only doctrine required and allowed to be taught about where life originates.

Go back in time…The Second Great Awakening

1839 Methodist “camp meeting”

These revivals embraced “free will”, that they could change their situation for the better.

This optimism also affected women and blacks as well. And such ideas helped many of all colors to begin to embrace the idea of “emancipation” through “abolitionism”

“Steal Away”