Freedom of Religion AMENDMENT I Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof. ESTABLISHMENT CLAUSE FREE EXERCISE CLAUSE

ESTABLISHMENT CLAUSE Determine permissible co-mingling between government and religion. FREE EXERCISE CLAUSE Conduct in question is an action considered to be “religious.”

For the following scenarios, decide which clause is involved. Establishment Clause or Free Exercise Clause

A high school student who has been deaf since birth asks his school district to pay for a sign language interpreter to accompany him to classes at a local religious school. The school district refuses to financially assist the student as long as he goes to a religious school. Establishment Clause USSC: public school district must provide assistance.

A state law authorizes a one-minute period of silence in all public schools “for meditation or voluntary prayer.” Establishment Clause USSC: One-minute period unconstitutional

A state requires citizens applying for unemployment benefits to accept appropriate jobs that are available. A citizen is denied continued unemployment compensation because she refuses to accept a job that requires her to work on the day she celebrates as the Sabbath. Free Exercise Clause Worker’s right is protected.

A state law requires that the Ten Commandments be posted in each public school classroom. Establishment Clause Law is unconstitutional

A state law mandated that all students must recite the Pledge of Allegiance. Several Jehovah’s Witnesses refused on the grounds that the action violated the teaching from Exodus which compelled them not to worship any “graven image.” Is their action protected? Free Exercise Clause Law is unconstitutional

Establishment Clause

Quiz Write whether the following displays were considered Constitutional or Unconstitutional: 1.Public School districts reimburse private schools for secular instruction (Lemon v. Kurtzman) 2. Nativity Set 3. Menorah

Lemon v. Kurtzman (1971) History: PA law giving aid to church-related schools for the salaries of teachers who teach secular subjects.

LEMON TEST For Establishment Clause Government action must: Be secular in purpose Neither advance nor inhibit religion Not foster excessive govt. entanglement with religion. Pa. Law is unconstitutional

County of Allegheny v. ACLU (1989) Courthouse A creche in the main lobby. County Building 18-foot Chanukah menorah 45-foot Christmas tree Mayor’s sign: “Salute to Liberty.”

SCOTUS ruling: Courthouse Display Unconstitutional Not secular in purpose Advancing Christianity County Building Constitutional Menorah=Religious symbol Combine with mayor’s sign and tree, though, makes it constitutional. Other items secularize the overall display.

Student-Led Prayer Arguments For School DistrictFor Jane Doe Students led Neutral Could be prayer or non-religious Free speech/good sportsmanship Message is delivered outside of school hrs “invocation”, long tradition of Christianity School is not uninvolved School property, school event, school recognizes the prayer Harassment if you don’t participate School board policy is a sham

Conclusion Decision: 6 votes for Doe, 3 vote(s) against Legal provision: Establishment of Religion Yes. In a 6-3 opinion delivered by Justice John Paul Stevens, the Court held that the District's policy permitting student-led, student-initiated prayer at football games violates the Establishment Clause. The Court concluded that the football game prayers were public speech authorized by a government policy and taking place on government property at government-sponsored school-related events and that the District's policy involved both perceived and actual government endorsement of the delivery of prayer at important school events. Such speech is not properly characterized as "private," wrote Justice Stevens for the majority. In dissent, Chief Justice William H. Rehnquist, joined by Justices Antonin Scalia and Clarence Thomas, noted the "disturbing" tone of the Court's opinion that "bristle[d] with hostility to all things religious in public life."

Free Exercise Clause

Reynolds v. U.S. (1879) History: Mormons– polygamy U.S. law outlawed practice USSC: U.S. law is constitutional Belief/Action Dichotomy Test Govt. cannot regulate religious belief Govt. can regulate religious action that is “subversive to the good order.”

Employment Division v. Smith (1990) History: Alfred Smith– Native American Used peyote during a religious ceremony Oregon Drug law forbid use of peyote USSC: Oregon law is constitutional Reynolds precedent A law that burdens religious practice does not need to be justified by a compelling government interest if it is a neutral and general law. Oregon law– general law.

Church of Lukimi Babalu Aye v. City of Hialeah (1993) History: Santeria religion– animal sacrifice City law forbade ritual killing of animals USSC: City law is unconstitutional Not a neutral and general law If a law specifically targets a religious action, govt. must have a “compelling interest.” City did not have a compelling interest. america/