Bell work Define incorporation (Page 357)

BREAKING NEWS!!! THE U.S. SUPREME COURT REFUSED TO STOP SAME-SEX MARRIAGES IN ALABAMA  In January a federal Judge struck down Alabama’s ban on same-sex marriage as unconstitutional. The judge put a stay on the order until Feb. 9 th to allow time for appeal.  After failing in an appeal to the 11 th Circuit Court of Appeals, Alabama appealed to the U.S. Supreme Court.  In a 7-2 decision, the Supreme Court refused to step in and stop gay marriages from taking place in Alabama.  The two dissenting justices were Antonin Scalia and Clarence Thomas.  This refusal led to same-sex marriages taking place in Alabama.  In response, Alabama’s chief justice, Roy Moore, ordered judges to not issue marriage licenses.  A number of judges have defied the chief justice and issued licenses.  Because of the direction the U.S. Supreme Court took in the issue, it is believed that as soon as by the summer they will take on the issue of whether the constitution guarantee of equal protection gives gay and lesbian couples the right to marry.

TAKE NOTES OF ANYTING IN: GREEN

Freedom of Religion CHAPTER 13, SECTION 2 Essential Question: How does freedom of religion fit within the Constitution?

Overview  The First Amendment to the Constitution guarantees religious freedom.  The first clause of the amendment is known as the establishment clause.  Establishment clause: states that “Congress shall make no law respecting an establishment of religion.  The second clause is the free exercise clause.  Free exercise clause: prohibits government from unduly interfering with the free exercise of religion.

The Establishment Clause  According to Thomas Jefferson’s interpretation of the First Amendment, Americans had “declared that their legislature should ‘make no law respecting an establishment of religion or prohibiting the free exercise thereof,’ thus building a wall of separation between Church and State.”  Thomas Jefferson’s interpretation established the idea of “wall of separation between Church and State.”  This idea has expanded immensely and has become very controversial.  Spawns questions such as, “How high does the wall go?” “Does it mean that the state and any church or religious group should have no contact with each other?”

Religion in Public Life  Article VI of the Constitution bans any religious qualification to hold public office.  Contradictorily, most government official take their oaths of office in the name of God.  Since 1864, most of the our currency says “In God We Trust.”  Since 1954, The Pledge of Allegiance includes “under God.”  Daily congress sessions open with a prayer.  Attempting to define church-state relations leads to controversy.  The task of resolving church-state controversies falls on the Supreme Court.

Everson v. Board of Education  The first Supreme Court case to deal with the establishment clause was the 1947 case of Everson v. Board of Education.  The case involved a New Jersey law that allowed the state to pay for busing to parochial schools.  Parochial schools: schools operated by a church or religious group.  The Court ruled the law as constitutional.  Determined that the law benefited students rather than aiding a religion directly.  This case illustrates the uncertainty of how high the “wall of separation” should be.

State Aid to Parochial Schools  The outcome of the Everson case resulted in more than 2/3 of the states giving parochial schools aid.  The Court has found some programs constitutional and others not.  The Board of Education v. Allen case of 1968 ruled that sates could provide secular text books to parochial schools.  Secular: nonreligious.  Another case, Wolman v. Walter of 1977 ruled that state busing could not be used for field trips.

The Lemon Test  You might be asking yourself, what makes one from constitution but other not?  To answer this question the Court uses the Lemon test.  The three-part test was developed in the 1971 case of Lemon v. Kurtzman.  The Lemon Test:  To be constitutional, state aid to church schools must:  have a clear secular, nonreligious purpose;  in its main effect neither advance nor inhibit religion; and  avoid “excessive government entanglement with religion

The Issue of School Prayer  In the 1962 case of Engel v. Vitale, ruled the use of “Almighty God” in a nondenominational New York school prayer unconstitutional.  The 1985 case of Wallace v. Jaffree, ruled that an Alabama law requiring teachers to observe a moment of silence for ‘meditation or voluntary prayer’ was unconstitutional.  These cases, among others have caused controversy.  The public’s response is divided and heated.  The state’s response was about half of the states creating a moment-of-silence law.

Equal Access Act  In 1984, Congress passed the Equal Access Act.  Equal Access Act: allows public high schools receiving federal funds to permit student religious groups to hold meetings in the school.  This act was solidified by the Court in 1990 in the Westside Community Schools v. Mergens case (pg. 362).

Other Issues involving the Establishment Clause  Teaching evolution in public schools.  Court ruled in favor of teaching evolution in the 1968 case of Epperson v. Arkansas.  Public Christmas displays.  Court ruled publicly funded Nativity scenes violate the Constitution.

The Free Exercise Clause  The Court has ruled the right to religious belief as absolute, however some restrictions apply to the practice of those beliefs.  The Court has Never permitted religious freedom to justify any behavior, especially when practices conflict with criminal laws.  In the case of Reynolds v. United States in 1879, Reynolds was a Mormon in Utah with two wives. He was convicted of polygamy. He appealed claiming that the law abridged freedom of religion. Since polygamy was against federal law, the court ruled that people are not free to worship in ways that violate laws that protect the health, safety, or morals of the community.  Abridged: limited

Religious Expression and the Flag  Two of the most-discussed free exercise cases have to do with whether children should be forced to salute the American flag.  In the 1940 case Minerville School District v. Gobitis, the Court ruled that requiring the salute to the flag did not infringe on religious freedom.  After the case, W. Virginia required public schools in the state to make students and teachers salute the flag and recite the Pledge of Allegiance or face expulsion.  Resulted in the 1943 case of West Virginia State Board of Education v. Barnette that overruled the Gobitis decision.

Closing Activity  What might life be like if the First Amendment did not guarantee freedom of religion?  Consider the following:  Government-regulated religious practices  People practicing different religions in secret for fear of persecution  The colonies under British-rule