Freedom of Religion Chapter 5, Theme 3.

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Presentation transcript:

Freedom of Religion Chapter 5, Theme 3

Freedom of Religion There are 2 main parts dealing with religious freedom: Establishment Clause: “Congress shall make no law respecting an establishment of a religion…” Free Exercise Clause: “…or prohibiting the free exercise thereof.” Watch clip. Take notes!

Ambiguity of Establishment Clause To which level of government did the 1st Amendment pertain originally? Prove it! Does the 1st Amendment speak to “separation of church & state?” Does it imply it? How did the Amendment come to pertain to states? Discuss the Everson decision & incorporation.

Interpretation of the Establishment Clause Outline the three views of interpretation: Broad view Narrow view Literal view Complete sheet! Do A-F. Discuss cases using “Lemon” Test. Discuss government & religion in practice. Watch Marsh v. Chambers & discuss.

Interpretation of the Free Exercise Clause Why is it important to exercise your religion without interference? Why is the free practice still regulated sometimes? Cantwell v. CT incorporated “free exercise” to states. (Jehovah Witness practice of door-to-door) The “test” for free exercise clause is: Is the law to which religious adherents object neutral and applicable to everyone? If the law is not neutral or applicable to all, did the government have a compelling interest for enacting it?

Interpretation of the Free Exercise Clause Government has the burden of proof in free exercise cases. Discuss Smith v. Oregon case & decision. Peyote is illegal because it is dangerous Applies to all Constitutional Discuss Church of the Lukumi Babalu Aye v. Hialeah. Killing animals is legal in most cases Did not apply to all Unconstitutional Do Cases G-J on sheet & discuss.