A couple refuses life-saving medical treatment for their son who suffers from Leukemia. They claim it goes against their religious beliefs to expose their son to ‘western medicine’. In their minds, God is testing them & if their son is to survive it will be through prayer & not medical treatment. The son dies. Should the parents be arrested for ‘child-endangerment’ or should they be protected under the 1st Amendment’s Freedom of Religion? Be ready 2 explain in class

Unit 3 – Ch. 13 Supreme Court Cases SEC. ONE: FREEDOM OF RELIGION (1st Amendment)

THE IDEA THAT WE KNOW WHAT’S BEST FOR OURSELVES 1. INDIVIDUAL WORTH THE IDEA THAT WE KNOW WHAT’S BEST FOR OURSELVES Short Answer

THE LAWS THAT PROTECT OUR INDIVIDUAL WORTH 2. CIVIL LIBERTIES THE LAWS THAT PROTECT OUR INDIVIDUAL WORTH THE 1ST AMENDMENT Fill In

3. 4 BASIC CIVIL LIBERTIES IN 1ST AMENDMENT (multiple choice) FREEDOM OF RELIGION FREEDOM OF SPEECH FREEDOM OF PRESS FREEDOM OF ASSEMBLY Do we have unlimited protection? No

4. Analogy between swinging your arm and practicing your 1st Amendment freedoms You can do both so long as you do not harm anyone or society as a whole Extra Credit

Actual wording of the 1st AMENDMENT (Freedom of Religion) Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; Establishment Clause Free Exercise Clause

2 FREEDOM OF RELIGION CLAUSES (extra credit) 5. ESTABLISHMENT CLAUSE: Congress shall make no law respecting an establishment of religion GOV’T. WILL NOT PROMOTE ONE RELIGION OVER ANOTHER OR RELIGION OVER NON-RELIGION 6. FREE EXERCISE CLAUSE: Congress shall make no law prohibiting the free exercise thereof YOU CAN WORSHIP WHO, HOW, AND WHERE YOU WANT SO LONG AS YOU DON’T HARM ANYONE OR SOCIETY AS A WHOLE

Questions’ #7 & #8 will each be a matching section where the cases will be in a word bank & you have to match them to their correct ruling

7. S.C. CASES DEALING W/ESTABLISHMENT CLAUSE (GOV’T. AID TO PAROCHIAL SCHOOLS) EVERSON V. BD. OF ED. (1947) – BACKGROUND: NEW JERSEY PROVIDED TRANSPORTATION ON PUBLIC BUSES FOR PAROCHIAL STUDENTS. TAXPAYERS SUED DECISION: RULED IN FAVOR OF N.J. CUZ THE PRIMARY PURPOSE IS TO ENSURE CHILD SAFETY (CHILD BENEFIT THEORY)

7. S.C. CASES DEALING W/ESTABLISHMENT CLAUSE (GOV’T. AID TO PAROCHIAL SCHOOLS) LEMON V. KURTZMAN (1971) – DECISION: S.C. SET UP GUIDELINES FOR GOV’T. AID TO PAROCHIAL SCHOOLS: * NEITHER PROMOTE NOR HARM RELIGION * AVOID EXCESSIVE ENTANGLEMENT * CAN PROVIDE FREE LUNCHES, HEALTH SERVICES, AND TEXTBOOKS * CAN’T PROVIDE MAPS, PROJECTORS, OR TEACHER SALARIES (ANYTHING THAT CAN BE USED TO TEACH RELIGION)

7. S.C. CASES DEALING W/ESTABLISHMENT CLAUSE (RELIGIOUS INSTRUCTION IN SCHOOLS) McCOLLUM V. BD. OF ED. (1948) – BACKGROUND: CHAMPAGNE, IL PUBLIC SCHOOLS ALLOWED KIDS (W/PARENTAL CONSENT) TO TAKE RELIGIOUS CLASSES ONCE A WEEK ON SCHOOL GROUNDS DURING THE SCHOOL DAY DECISION: RULED AGAINST SCHOOL DISTRICT (VIOLATION OF ESTABLISHMENT CLAUSE)

7. S.C. CASES DEALING W/ESTABLISHMENT CLAUSE (RELIGIOUS INSTRUCTION IN SCHOOLS) ZORACH V. CLAUSON (1952) – BACKGROUND: NEW YORK ALLOWED KIDS TO LEAVE SCHOOL GROUNDS FOR RELIGIOUS CLASSES DURING SCHOOL HOURS (RELEASED TIME) SOME PARENTS SUED DECISION: RULED IN FAVOR OF NEW YORK

7. S.C. CASES DEALING W/ESTABLISHMENT CLAUSE (PRAYER IN SCHOOLS) ENGEL V. VITALE (1962) – BACKGROUND: N.Y. STATE BOARD OF REGENTS CALLED FOR PRAYER IN PUBLIC SCHOOLS. 10 KIDS OBJECTED AND PARENTS SUED THE STATE DECISION: RULED IN FAVOR OF PARENTS (PRAYER IN SCHOOL VIOLATES THE ESTABLISHMENT CLAUSE)

7. S.C. CASES DEALING W/ESTABLISHMENT CLAUSE (PRAYER IN SCHOOLS) LEE V. WEISMAN (1992) – BACKGROUND: THE CLASS VALEDICTORIAN GAVE A PRAYER AT COMMENCEMENT. SOME PARENTS SUED THE SCHOOL DISTRICT DECISION: RULED IN FAVOR OF THE PARENTS. (GRADUATION PRAYERS ARE ALSO A VIOLATION OF THE ESTABLISHMENT CLAUSE)

8. S.C. CASES DEALING W/FREE EXERCISE CLAUSE (CASES UPHOLDING FREE EXERCISE) WISCONSIN V. YODER (1972) – BACKGROUND: WISCONSIN LAW MADE ALL KIDS GO TO H.S. AMISH OBJECTED (KIDS NEEDED ON THE FARM) DECISION: RULED IN FAVOR OF THE AMISH. WISCONSIN CAN NOT FORCE KIDS TO GO TO SCHOOL (VIOLATION OF THE FREE EXERCISE CLAUSE)

8. S.C. CASES DEALING W/FREE EXERCISE CLAUSE (CASES UPHOLDING FREE EXERCISE) SHERBERT V. VERNER (1963) – BACKGROUND: EMPLOYEE FIRED FOR NOT WORKING ON HER SABBATH DAY. EMPLOYER WOULD NOT PAY UNEMPLOYMENT BENEFITS DECISION: RULED IN FAVOR OF EMPLOYEE. (EMPLOYERS CAN’T DENY UNEMPLOYMENT BENEFITS TO AN EMPLOYEE FIRED FOR NOT WORKING ON THEIR SABBATH)

8. S.C. CASES DEALING W/FREE EXERCISE CLAUSE (CASES LIMITING FREE EXERCISE) REYNOLDS V. U.S. (1879) – BACKGROUND: REYNOLDS (MORMAN) CONVICTED OF POLYGOMY (MORE THAN ONE WIFE) DECISION: SUPREME COURT UPHELD CONVICTION. POLYGOMY ‘HARMS’ SOCIETY AS A WHOLE

8. S.C. CASES DEALING W/FREE EXERCISE CLAUSE (CASES LIMITING FREE EXERCISE) Conscientious Objectors – BACKGROUND: DURING THE VIETNAM WAR, SOME AMERICANS EVADED THE DRAFT BECAUSE THEY FELT IT VIOLATED THEIR 1ST AMENDMENT (FREEDOM OF RELIGION) RIGHTS S.C. DECISION: SUPREME COURT RULED AGAINST OBJECTORS (CUZ THEN EVERYONE MIGHT CLAIM TO BE, WHICH WOULD PROHIBIT OUR GOV’T. FROM RAISING AN ARMY AND PROVIDING FOR A COMMON DEFENSE)

8. S.C. CASES DEALING W/FREE EXERCISE CLAUSE (CASES LIMITING FREE EXERCISE) MINERSVILLE S.D. V. GOBITIS (1940) – BACKGROUND: JEHOVAH WITNESSES WOULD NOT ALLOW THEIR KIDS TO SALUTE THE FLAG CUZ THEY ARE NOT ALLOWED TO WORSHIP ANY ‘PAGAN’ SYMBOLS. SCHOOL EXPELLED THE KIDS. THE PARENTS SUED DECISION: SUPREME COURT RULED IN FAVOR OF THE S.D. (CUZ SALUTING THE FLAG PROMOTED NATIONAL UNITY WHICH AT THE TIME WAS VITAL TO PROTECTING NATIONAL SECURITY)

8. S.C. CASES DEALING W/FREE EXERCISE CLAUSE (CASE PROTECTING FREE EXERCISE) W.V. BD. OF ED. V. BARNETTE (1943) – BACKGROUND: SAME BACKGROUND AS PREVIOUS CASE EXCEPT IT TOOK PLACE IN WEST VIRGINIA DECISION: OVERTURNED GOBITIS RULING (STATING THAT WHILE SALUTING THE FLAG WAS VITAL TO PROMOTING NATIONAL UNITY, IT WAS NOT VITAL TO PROTECTING NATIONAL SECURITY)

After the 2 matching sections, you will also be asked your opinion on public school buses transporting kids to parochial schools, prayer in school, and whether or not a conscientious objector should have the right to evade the draft