Freedom of Religion AP US Govt. 4/7/17 Objective: To whom can you worship (or not worship) and when? Using your pocket constitution: Highlight: Establishment Clause/Free Exercise Clause
Areas of Controversy http://www.huffingtonpost.com/2013/12/18/flying-spaghetti-monster-florida_n_4468543.html http://www.huffingtonpost.com/entry/trump-festivus-pole-florida_us_5840f83ae4b09e21702dfa30 http://www.theblaze.com/stories/2016/01/30/texas-supreme-court-sides-with-cheerleaders-in-bible-banner-feud-heres-what-happens-next/ 5/31/2018
I. Establishment Clause (Engel v. Vitale, 1962) “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen.” Definition: Different philosophies Accommodation: (freedom OF religion) Separation: (freedom FROM religion) 5/31/2018
I. Establishment… Lemon v. Kurtzman, 1971- Have a secular purpose Not advance nor inhibit religion Not foster excessive entanglement with religion http://www.kansascity.com/news/politics-government/article109276117.html Engel v. Vitale, 1962 – no prayer Abington v. Schempp, 1963 – no bible reading Epperson v. Arkansas, 1968, can teach evolution Zelman v. Simmons-Harris, 2002, school vouchers 5/31/2018
II. Free Exercise Clause (Freedom of worship is relative, not absolute) Standard used by court- Laws MAY NOT stifle a particular religion Oregon v. Smith, 1990 5/31/2018
II. Free Exercise cont… Religious practices that have been permitted: Religious practices that have been restricted: Reynolds v. US, 1879: polygamy US v. Lee, 1982, AmishSS taxes Religious practices that have been permitted: Jehovah Witness , 1943, Flag Salute 1972, Amishschool 8th grade Lukumi Tribe, Santeria, 1993 Article 6 bans religious tests and oaths -Article 6: So…why don’t we get more politicians who are not Christian OR for that matter, not religious? 5/31/2018