The First Amendment The religion clauses

The First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Today we are looking at the religion clauses of the First Amendment Two parts Establishment Clause Free Exercise Clause respecting – in relation to

The Establishment clause Ensures government neutrality in relation to religion. The aim of the Establishment Clause is to ensure government neutrality in relation to religion. It prevents the gov from ???? establishing an official state religion, Also prevents government favoring or disfavor any specific religion, or religion in general Thomas Jefferson desribed this as a wall of separation between church and state, but there is disagreement about exactly how strict this separation should be.

A wall of separation? It is clear that in any case, the « separation » is conceived of differently than it is in France for example. On the dollar bill, we find « in God we trust », American Presidents regularly refer to God, and prayers are heard at the opening of sessions of Congress.

When is the Establishment Clause violated? The USSC uses different approaches in different cases The Lemon test (p27) Endorsement/coercion test The government must not endorse or disapprove of religion, or coerce people into religious activity How does the USSC decide if a law contravenes the EC? The USSC uses different approaches in different cases, if you are dealing with an EC case, consider both Get broad answer + sheet The Lemon Test (established 1971) A law contravenes the EC if · it does not have a secular legislative purpose. · it’s primary effect of the statute is to advance or inhibit religion. (support, promote or hinder/hamper) · it creates "excessive government entanglement" with religion. (mustn't create excessive links/ties between the gov and religion   The endorsement / coercion tests The government must not endorse or disapprove of religion, or coerce (push) people into religious activity  to endorse something to coerce someone into something/ V-ING

Effects c) How does the Establishment Clause affect: - religious activities in public schools? cannot be involved in or sponsor (=support) religious activities e.g. schools cannot organise prayers or bible-reading PRESENTATION - Christmas celebrations? creches are forbidden if they seem to constitute gov endorsement of religion PRESENTATIO Evolution – states and local gov can’t prohibit the teaching of the theory of evolution in public schools or force schools to teach creation science

The Free Exercise Clause The government cannot deliberately target religious practices. Difficulties arise when religious practice conflicts with society's general laws. d) What limits does the Free Exercise Clause place on government? In most cases, the government cannot deliberately target religious practices Gov can’t stop you going to church or outlaw praying e) What is the main area of conflict in relation to the Free Exercise Clause? Difficulties arise when religious practice conflicts with society's general laws. (might also answer conflict between two) For example when someone’s religion involves ceremonies using hallucinogenic drugs. Does the FE Clause mean that in this case, there should be a religious exemption to a general law?

Religious exemptions Sherbert v Verner (1963) If a law significantly restricted someone’s religious practice, it had to be justified by a ‘compelling government interest’ First case is sherbert v verner Wouldn’t work on Sat Lost her unemployment benefits Said that the gov had violated the constitution because it stopped her freely exercising her religion If a law significantly restricted someone’s religious practice, it had to be justified by a ‘compelling government interest’ If this was not the case, then a religious exemption to the rule or law had to be granted. This is called the CI test Led to rulings that gov could not force people to work on Sat or send their children to public schools, if that interefered with their religion. Case called Yoder v Wisconsin (1972)– Amish didn’t want to send their children to public school, state law required that they do it – the SC ruled that they should have a religious exemption

Religious exemptions Employment Division v. Smith (1990) If a general law incidentally curtails free exercise, there is no constitutional right to a religious exemption g) What did the court decide in Employment Division v. Smith? (1990) BUT if a general law incidentally curtails free exercise, there is no constitutional right to a religious exemption Incidentally > the government cannot pass a law whose main purpose is to prohibit religious activity – but if it is a general law, intended to apply to everyone, with a secular justification, that is acceptable.

Religious exemptions Following Smith, Congress and many states passed a Religious Freedom Restoration Act. This reinstated the compelling interest test and religious exemptions. h) What is the Religious Freedom Restoration Act? A law passed by federal govt and many states which restores the compelling interest test. Why are many claims involving conflict between government rules and religious practices now brought under federal or state R.F.R.A.s? This makes it easier to obtain a religious exemption.