Freedom of Religion The First Amendment

Text of 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. ”

Scope Freedom of… Religion Speech Press Assembly Petition G.R.A.P.E.S Grievances, Right to petition for a redress of Religion, Right to no establishment of Assembly, Right to peaceful Press, Freedom of the Exercise, Freedom of religious Speech, Freedom of

Text of 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.”

Freedom of Religion “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” Part 1 of 2: Establishment clause What is an establishment of religion? How do we define that? Why was this an important inclusion? Separation of church and state... Separation of church and state What does it mean to separate church and state? “…wall of separation between church and state…” Thomas Jefferson (1802) – Letter to Danbury Baptist Association

Freedom of Religion “ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” Part 2 of 2: Free exercise clause What does it mean to be able to freely exercise your religion? How are you allowed to do that? What are the restrictions? What did that look like in colonial America? Right to practice (participate in) your religion without government interference Does that extend to all religious beliefs? How do we know?

A Christian Nation? Before we look at related Supreme Court cases, you must think critically about the following question: Is the United States a Christian nation? What do you believe and how do you justify your answer? Multiple perspectives: Founding – What were the founding fathers trying to escape from, and/or create, where religion is concerned? Development (Declaration of Independence, Constitution, Bill of Rights) – What were the framers trying to create and avoid? History – What has the trend been in America toward religion? Current Values – Where are we now?

A Christian Nation? Founding… Jamestown (1607) Looking for gold, growing tobacco, create English colony Making money Pilgrims/Plymouth (1620) Religious freedom What kind of religious freedom were they looking for? What did ‘religious freedom’ mean to them?

A Christian Nation? Development Documents such as Declaration and Constitution refer to “God”, “Creator”, or “Nature’s God”, but does that qualify as Christian? Religion of Founders: Washington? Jefferson? Most were not Christians Pledge of Allegiance Current version, including phrase “one nation under God” adopted in

Position Paper 1 st Topic: Is the United States a Christian Nation? Must start with the issue of intent regarding the first colonies, and then grapple with the stated values of our governing documents (Declaration of Independence and the Constitution) Not a place for you to simply ramble on about your opinion…you must cite sources for the conclusions you make… No, you may not use Wikipedia as a source!

Position Paper Name Class Date Position Paper #1: Is the United States a Christian nation? Font: Times New Roman, Size 12 Font Double-spaced Standard margins (1 inch on top and bottom, 1.25 inches on sides) 2 full pages (23 lines on 2 nd page)

Freedom of Religion Legally, the United States is impartial (equal in judgment) towards all religions. “ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” Landmark cases regarding the establishment and free exercise clause: Everson v. Board of Education (1947) Engel v. Vitale (1962) Abington School District v. Schempp (1963) Lemon v. Kurtzman (1971) Lee v. Weisman (1992) Kitzmiller v. Dover Area School District (2005) Wisconsin v. Yoder (1972)

Case Summary Sheets Use to keep track of cases Case: Date: Events of case: Essential Question: Vote: Decision Summary and Significance:

Everson v. Board of Education 1947 Catholic school in New York received reimbursement from state for expenses transporting students to and from school. Question: Does this violate the establishment clause? Decision: 5-4, Ruled permissible. First landmark case involving separation of church and state. Called for a “wall of separation”. Significance: Child benefit theory adopted. Ruling became modern interpretation of “freedom of religion”.

Engel v. Vitale 1962 New York school district approved a “nondenominational prayer” to be said by all at start of school each day. Question: Does this violate establishment clause since it is nondenominational? Decision: 6-1, Requiring any religious activity is unconstitutional. Significance: Law now provides for a moment of silence. Students can volunteer to say prayer at events.

Abington School District v. Schempp 1963 Pennsylvania law required at least ten verses to be read from the Bible each day in public schools. Question: Is establishment clause violated by the required reading of Bible verses in schools? Decision: 8-1, Government cannot require participation, belief, or disbelief in any religion. Significance: Ruled against direct interpretation of Founder’s opinions (Madison and Jefferson had written about benefits of reading the Bible). This would indicate a “loose constructionist” ruling…

Lemon v. Kurztman 1971 Rhode Island provided salary supplement for teachers in parochial (Catholic) schools. Question: Does this violate the establishment clause? Decision: 8-1, Supreme Court ruled action unconstitutional. Significance: Lemon Test 1. Must have a secular purpose 2. Must neither advance nor inhibit religion. 3. Must not create excessive entanglement between church and state.

Lemon Test Practice Can work with a partner… We will discuss at the end… Make sure you correct your wrong answers…

Wisconsin v. Yoder 1972 Amish family fined by a county court for not allowing children to attend school past the 8 th grade due to religious reasons. Question: Can a family be forced to send children to school if it is in conflict with their religious beliefs (violation of free exercise clause)? Decision: 7-0, ruled in favor of Amish family. Members of the Old Amish Order only required to attend school until the 8 th grade.

Lee v. Weisman 1992 Rabbi prayed and read scripture at a high school graduation in Pennsylvania. Father of one graduate filed for a restraining order so as to prevent it from happening, but was denied. Question: Does the prayer and reading of scripture by the rabbi at a public school graduation violate the establishment clause? Decision: 5-4, Found action to be unconstitutional. School rules seen as “indirect coercion”…forcing students to participate.

Kitzmiller v. Dover Area School District 2005 District Court Case Pennsylvania school district required a statement to be read saying that there were “gaps” in theory of evolution and it was not “fact”. Offered book that taught “intelligent design” and “Creationism” as an alternative. Question: Is teaching “intelligent design” or “Creationism” in violation of the establishment clause? Decision: Yes, these theories support Christian doctrine over prevailing scientific theories.