First Amendment Freedom of Religion
The Establishment Clause
Separation of Church & State “Congress shall make no law respecting the establishment of religion…” Engle v. Vitale, 1962 "Accommodationist View”: Gov’t should bend a bit & allow a degree of church/state blending (allow nativity scenes on city property, & allowing a nondenominational prayer in public school)
"“Separationist View”: Gov’t should allow no blending of church and state. There should be a “wall of separation” between the two. Lemon v. Kurtzman: Established a 3-part test (the Lemon test) to determine if a practice violates the establishment clause: 1. Non-Secular (Religious) Purpose 2. Advances or Inhibits Religion 3. Excessive Entanglement with Government If any is present, the statute or practice is unconstitutional Engel v. Vitale (1962)
Issue: ◦Does prayer in public schools violate the Establishment Clause of the 1st Amendment? Majority: ◦ruled school-sponsored prayer was unconstitutional b/c it violated the Establishment Clause. ◦It was religious activity composed by gov’t officials (school administrators) and a gov’t program (school instruction) to advance religious beliefs. ◦rejected the claim that the prayer was nondenominational and voluntary. |
The Free Exercise Clause
Free to practice your religion “… or prohibiting the free exercise thereof” Wisconsin v. Yoder, 1972 FREE EXERCISE CLAUSE:
◦Provides Freedom of Worship ◦ Religious practices that have been restricted: ◦Polygamy (Reynolds v. U.S.) ◦Drug use (Oregon v. Smith) ◦Not vaccinating children of Christian Scientists before they enter school ◦Not paying Social Security taxes (Amish) ◦Wearing a Jewish skullcap (Yarmulke) in the military ◦Religious practices that have been permitted: ◦ Not saluting flag in public school (Jehovah’s Witnesses) ◦ Not sending children to school past the 8th Grade for Amish (Wisconsin v. Yoder, 1972) ◦Animal Sacrifice (Santeria case) ◦Article 6 bans religious tests/oaths as qualifications to hold public office. Wisconsin v. Yoder, 1972 (Free Exercise)
Issue: Under what conditions does the state’s interest in promoting compulsory education override parents’ 1st Amendment right to free exercise of religion? Majority: ◦Free Exercise Clause of the 1st Amendment (incorporated by the 14th Amendment) prevented the state from compelling the children to school beyond 14. ◦families’ religious beliefs & practices outweighed the state’s interests in making the children attend school past 8th grade & would interfere with established religious convictions. ◦1-2 years of high school (until the required age of 16) would not produce enough ed benefits for the Amish to constitute a “compelling gov’t interest.” |
Schools and Religion
ACTIVITIES NOT PERMITTED: • School led prayer for any event • Banning teaching of evolution • Teaching of creationism/I.D. in science classes • Requiring 10 Commandments posted • Requiring all students to say the pledge ACTIVITIES PERMITTED: • After school student-led religion clubs • Use of building by rel. groups • Voluntary after-school Bible study • Public $ to private schools(if not violate the Lemon Test) • X-mas displays in town squares as long as they include some secular content. •Moment of silence in school (cannot be stated for prayer) |