1 st Amendment/Religion Two parts involving religion a)Free Exercise Clause b)Establishment Clause

FREE EXERCISE CLAUSE This protects ALL religious BELIEFS It protects most religious PRACTICES Can you think of religious practices that would not be protected?

Interesting Cases a)Polygamy- What is the overriding reason to prohibit this practice? (Reynolds v US, 1879)

ISSUES INVOLVING PRACTICES a)Practices that endanger children, & people are not protected b) Practices that disrupt educational process are not protected c) If the court can find legitimate reason to protect a a particular practice, it usually does CASE LAW- W Va. v Barnette- Should Jehovah Witness students be Forced to stand for Pledge? Should Amish students be forced to attend school in 8 th Grade? (Yoder v Wisconsin)

New Issues “Religious Liberty” cases- Are people allowed to discriminate against others because of their religion? (Recent law passed by Az Legislature) Can employers fail to provide mandated coverage (contraceptives) because of their religion (Hobby Lobby case)?

ESTABLISHMENT CLAUSE “Congress shall make no law respecting the Establishment of religion” “Separation of Church & State”- not found in Constitution but explained in a Thomas Jefferson letter. Many of these cases involve public schools. Lemon v Kurtzman – case created “Lemon Test” The government's action must have a secular legislative purpose; The government's action must not have the primary effect of either advancing or inhibiting religion; The government's action must not result in an "excessive government entanglement" with religion.

Silent Prayer Wallace v Jaffree- Moment of silent prayer at stake Ruling Why is Arizona’s Moment of silent allowed? STUDENT CLUBS Westside v Mergens- Clubs are allowed within guidelines to avoid “entanglement”

CASE LAW Prayer in public schools Engle v Vitale – NYC public school Prayer ruled unconstitutional 1993-Lee v Weisman-Prayer at public school Graduation struck down.

2000 – Sante Fe v Doe- Should Students be allowed to use p.a. to pray at public school football game Holiday Displays Lynch v Donnelly- Should Holiday/Christmas displays including religious and secular displays be paid for by city/state government

EVOLUTION Evolution Epperson v Arkansas- State law forbidding the teaching of evolution struck down. Edwards vs Aguilar- Louisiana law teaching creationism struck down. Kitzmiller v Dover (Video)

Zobrest v Foothills Catalina- Hearing impaired student attending Catholic School wishes to have public school district pay for hearing interpreter, based on Individuals With Disabilities Act Constitutional or not ???

In the balance is an Arizona program that gives tax credits to people who donate money to "school tuition organizations" that then provide scholarships to students for private schools, including religious institutions. A group of taxpayers claims most of the money is channeled to organizations that restrict their grants to religious education.Arizona The case tests when taxpayers nationwide can even get into court to claim a state has violated the First Amendment's dictate that government "shall make no law respecting an establishment of religion."