First Amendment Freedoms

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Presentation transcript:

First Amendment Freedoms Freedom of religion First Amendment Freedoms

Freedom of Religion Establishment Clause Free exercise Clause

Establishment Clause States gov’t MAY NOT… Endorse any church Pass any laws that aid any religion Favor one religion over another Force citizens to attend church

Endorsement test One of the tests used by SCOTUS to determine whether challenged law or gov’t action is unconstitutional: Does challenged law or gov’t action have either the purpose or effect of endorsing religion in eyes of community members? Has gov’t sent message to nonbelievers that they are outsiders and not full members of society? https://goo.gl/c8wn56

Lemon v. Kurtzman (1971) SCOTUS also uses Lemon Test to determine whether a gov’t law or action meets requirements of establishment clause: Does challenged law or gov’t action have a secular, or nonreligious, purpose? Does law or action advance or inhibit religion? Does law or action foster excessive entanglement of gov’t & religion?

Free Exercise Clause Protects individual’s right to worship as they choose Gov’t may not prohibit or interfere w/ religious practice without good reason

Free Exercise Clause

Free Exercise Clause