Freedom of Religion

Establishment Clause Incorporated under the “due process” clause of the 14 th amendment. Basic meaning: Government may not establish an official religion. But wording subject to different interpretations. “Separationist” view: No inter-involvement, “Wall of Separation” (Jefferson) “Accomodationist” view: Government may allow some degree of religion/government inter- involvement, e.g. nativity scenes on school property, non-denominational prayers in public schools, etc.

Establishment Clause (Cont.) The “Lemon Test” (Lemon v. Kurtzman). A Statute or practice is constitutional if it… Has a secular (non-religious) purpose. Does not foster an excessive government entanglement with religion. Neither advances nor inhibits religion.

Establishment Clause (Cont.) Key Rulings Engle v. Vitale, 1962: No state-sponsored prayer in public schools State laws that require the teaching of creation science or prohibit the teaching of evolution are not constitutional Abbingdon v. Schempp, 1963: No devotional Bible Reading in public schools State laws that require the posting of the 10 commandments in public schools are unconstitutional “Released Time” for students is constitutional

Establishment Clause (Cont.) Key Rulings (Cont.) Christmas displays in town squares are constitutional as long as they include secular content State aid to religious schools for field trips, teacher salaries, counseling services, remedial education is not constitutional State aid to religious schools for textbooks, lunches, bus transportation are constitutional

Free Exercise Clause Incorporated under the “due process” clause of the 14 th amendment Distinction between belief and practice: belief is always protected, practice may be restricted if there is a compelling purpose for doing so. Restricted Practices: Polygamy Not vaccinating children (Christian Scientists) Not paying Social Security taxes (Amish) Wearing a yarmulke in the military (Jews)

Free Exercise Clause Protected Practices: Not saluting the flag in public schools (Jehovah Witnesses) Not sending children to school past the 8 th grade (Amish) Animal Sacrifices (Santeria)