How has the Supreme Court interpreted the establishment and free exercise clause?? Do Now – What is the difference between the establishment and free exercise clause?

14th Amendment Incorporation Doctrine Selective Incorporation – rights have been incorporated on a case by case basis – some not yet. Barron v. Baltimore- Pre-14th - ruling limiting BOR to Federal Govt. Gitlow v. New York – 1st incorporation case

Freedom of Religion Establishment Clause Incorporated to states 1940’s Congress shall make no law respecting an establishment of religion Does it mean congress cannot favor on religion over another or cannot support ANY religion “Wall of Separation” – Jefferson Incorporated to states 1940’s

Battleground is in schools School Prayer – Engle v. Vitale (1963) - Sanctioned school prayer unconstitutional. Bible reading next. Mandatory school also unconstitutional. Lemon v. Kurtzman (1971)– aid must go to secular purpose and does not advance or inhibit religion (“no excessive entanglement” = Lemon Test)

"Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our Country."  New York State Regents Prayer

Free Exercise Clause FEDs CAN limit religious practices that impair the public good Can a business deny services to someone if that service violates their religious beliefs? ie can a baker refuse to bake a cake for a gay wedding? Conflict of rights Students can exercise free exercise rights, teachers (as govt employees) cannot

Contemporary Issues Vouchers - Tuition reimbursements for private schools. OK. Why. $ goes to parents, not school No discrimination between religions or schools. Public Square Displays- Gray Area