Religion
Religion Against Pro America founded as Christian nation Free Exercise of Religion Trample on religious rights Expression of faith Personal Identity Separation of Church and state Establishes religious doctrinarian No real choice Other religions not supported Peer Pressure if not taking part
Lemon v. Kurtzman (1971) Pennsylvania and Rhode Island had statues providing the state to pay for aspects of non-secular, non-public education People sued on establishment clause grounds Statute ruled unconstitutional and added three pronged test Have secular purpose Primary effects that neither advances nor inhibits religion Not foster an excessive government “entanglement” with religion
Agostini v. Felton (1997) Prohibited public school teachers from teaching in parochial schools Court ruled constitutional saying teachers who have taught at both wont necessarily promote religion
Zelman v Simmons-Harris (2002) Ohio had tuition aid program in form of vouchers, for private schools wither religious or not 82% of private schools religious And 96% of students with vouchers went to religious private schools Ruled constitutional because the law sought to increase education opportunity and parents picked the schools
Engel v. Vitale (1962) School board authorized short voluntary prayer for recitation at the start of each school day Ruled unconstitutional, by providing prayer they officially approve religion
School District of Abington Township, Pennsylvania v. Schempp (1963) Students in Pennsylvania public schools required to read 10 bible versus at the beginning of each day Then school officials led students in prayer Ruled unconstitutional on both free exercise and establishment classes
Lee v. Weisman (1992) Rabbi Spoke at a Rhode Island school Graduation ceremony, where prayers were led Ruled unconstitutional saying government involvement creates “an state sponsored and state directed religious exercise in a public school”
Santa Fe Independent School District v. Doe (2000) Student led prayer at home football games Ruled unconstitutional because they took place on government property at school sponsored events Such speech hence not “private”
Edwards v. Aguillard (1987) Louisiana law entitled the “balanced treatment for creation- science and evolution-science in public schools Ruled unconstitutional Using tree pronged test the law failed, law created to advance “supernatural being created humankind”
Wisconsin v. Yoder (1972) Wisconsin law required all children to attend public school until age 16 Ruled unconstitutional that individuals free exercise interest limited state’s interest, thus requiring it only until 8th grade
Burwell v. Hobby Lobby Stores (2012) Hobby Lobby refused to provide contraceptives to employees required under the Affordable Care Act Ruled that the law could not require the same of religious corporations and that it only applied to contraceptive mandate and not the whole law
Employment Division v. Smith (1988) Two native Americans ingested peyote as part of their religious ceremonies Both were fired for this and denied unemployment Ruled constitutional, court held that individuals religious beliefs don’t excuse them from compliance with an otherwise valid law
National Laws 1st Amendment- Free Exercise Clause 1st Amendment- Establishment Clause Equal Access Act 1984- religious groups(student groups) could use public school facilities Religious Freedom Restoration act- law cant interfere with religious practice unless “compelling interest” Churches Not Taxed
State Laws advancing Religion Discrimination legal on religious grounds Limits on Abortion School Prayer “secular” Protection for coaches leading prayer Parent have right to refuse procedures on religious grounds
State limiting Religion Hate laws prevent religious discrimination and discrimination on legal grounds Laws not limiting abortion If parent refuses procedure that would have save child’s life, and the child dies. Parents can be charged with manslaughter