Freedom of Religion Establishment Clause

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Presentation transcript:

Freedom of Religion Establishment Clause 3 Prong Test (standards) for constitutionality of laws regarding religion- do they violate Establishment clause? (Lemon v. Kurtzmann – “Lemon Test”) Law has secular/non-religious purpose (“purpose prong”) Law’s primary effect is neutral (“effect prong”) Law doesn’t foster excessive entanglement by government in religion (“entanglement prong”)

School voucher programs ok, Display of religious artifacts (nativity scene) ok

Freedom of religion Free Exercise Clause Not absolute Court: Laws that have a compelling purpose (such as securing public order) while only INDIRECTLY affecting religion are constitutional 1993 RFRA (Religious Freedom Restoration Act)

Rights of the accused Due process (general standard of fairness) Protection against unreasonable searches and seizures (4th Amendment) Protection against self-incrimination (pleading the 5th) – Miranda warning (1966)

Right to trial by impartial jury (6th) – includes right to a lawyer even if you’re poor Protection against cruel and unusual punishment (8th amendment) Right to bear arms (2nd amendment) – “A well regulated militia being necessary to the security of a free State, the right of the people to bear arms shall not be infringed.”

Right to privacy Where in the constitution? Since 1960s Court has recognized a constitutionally protected “zone of privacy” free of government intervention – comes out of 4th and 9th amendments. Right to use contraception, protection for homosexual acts Abortion, Right to Die, Doctor-assisted suicide