Freedom of Religion. Establishment Clause 1 st Amendment prohibits Congress from passing laws “respecting an establishment of religion” Establishes the.

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Presentation transcript:

Freedom of Religion

Establishment Clause 1 st Amendment prohibits Congress from passing laws “respecting an establishment of religion” Establishes the separation of church and state.

Separation of Church and State Government can support religion, but not directly promote religion Everson v. Board of Education students being bussed to parochial school with city owned busses. Found constitutional

McCullum v. Board of Education Students being released from regular classes to attend religion classes in other classrooms in the school Found unconstitutional

Zorach v. Clauson Students being released from regular classes to attend religion classes in a private location Found constitutional

Engel v Vitale School districts in New York were using a non-denominational prayer at the start of each day that read: Almighty god, we acknowledge our dependence upon thee, and beg Thy blessings upon us, our parents, our teachers, our country Found Unconstitutional

Stone v. Graham In Alabama, school districts were require to set aside a one-minute period of silence for meditation and prayer. Found Unconstitutional

What is okay? All individuals have the right to pray whenever and wherever they please. Religious texts can be studied as literature in schools, just not sponsored.

EQUAL ACCESS ACT A school cannot discriminate against any student group on the basis of religious, philosophical, or political viewpoints.

Excessive Entanglement Theory State aid to private schools The purpose of the financial aid must be clearly secular Cannot advance nor inhibit religion Must avoid entanglement of government and religion

Lemon v. Kurtzman THE LEMON TEST Property taxes were being used to pay the salaries of teachers teaching secular course at parochial schools, and to pay for the school’s maintenance and repairs Found Unconstitutional

Mueller v. Allen A Minnesota law gave parents a tax deduction of costs of tuition, textbooks, an d transportation for elementary and secondary school children. Found Constitutional

Lynch v. Donnelly City in Rhode Island, had a nativity scene on city owned property. The scene also included Santa and reindeer. Found Constitutional

Free Exercise of Religion All individuals have the right to worship and BELIEVE as they wish PRACTICE, can be limited.

Reynolds v. United States Reynolds was a practicing Mormon. Mormons believe in polygamy (marrying more than one wife). He was jailed for breaking a federal law banning polygamy. Found constitutional