What is argued in the dissenting opinion?.  Which message is Constitutional?

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Presentation transcript:

What is argued in the dissenting opinion?

 Which message is Constitutional?

 First Amendment Guarantees: Freedom of Religion The First Amendment states that: “Congress shall make no law 1.respecting an establishment of religion 1.respecting an establishment of religion, free exercise thereof 2.or prohibiting the free exercise thereof;…”

  The Establishment Clause of the First Amendment guarantees that the government will not create and/or support an official state religion. The Establishment Clause

 Lemon v. Kurtzman  In 1971, the Court ruled that New York state could not use state funds to pay parochial school teachers’ salaries because…  To be Constitutional the challenged law must 1.have a secular purpose. 2.neither advance nor inhibit religion. 3.not foster excessive government entanglement with religion.  In 1980, this Lemon Test was used to invalidate a Kentucky law that required the posting of the Ten Commandments in public school classrooms.

 How do these Supreme Court decisions differ on establishment? Engle V. Vitale Zelman V. Simmons-Harris Pair up, read, compare and report.

Is this legal? Then how do they get away with it?

  “Congress shall make no law.....prohibiting the free exercise thereof (religion)” is designed to prevent the government from interfering with the practice of religion.  This freedom is not absolute.  Several religious practices have been ruled unconstitutional including:  snake handling  use of illegal drugs  polygamy  Nonetheless, the Court has made it clear that the government must remain NEUTRAL toward religion. The Free Exercise Clause