Freedom of Religion. Establishment Clause Establishment Clause- “Congress shall make no law respecting an established religion” Free Exercise Clause-

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Presentation transcript:

Freedom of Religion

Establishment Clause Establishment Clause- “Congress shall make no law respecting an established religion” Free Exercise Clause- prohibits government from unduly interfering with the free exercise of religion. Seem clear- but even today is blurred Are Christians rights being violated?

Establishment Clause In Jefferson’s view- clause created a “wall” that separated church and state. Does this mean church and state can have no connection at all? How high a wall? Pledge Oath of office Public/city meeting open with prayer Controversial in today’s society

Everson v Board of Education Bussing of children to parochial schools State law paid for this transportation Challenge- state support of a religion. Constitutional- law benefited students not religion ***Key to establishment clause” Government cannot pick or favor one religion or aid any religions.

Parochial Schools Constitutional state aid- 3 part test 1. Secular non-religious 2. Effect is neutral in regards to religion 3. Avoids excessive “entanglement” in religion on part of government. Secular/ non religious text books Computers/ school supplies Benefits to students

3 Decisions Prayer and bible reading in schools Engel v Vitale Prayer developed and used in school district Prayer ruled unconstitutional Abington School Dist v Schempp Murray v Curlett School sponsored prayer / bible reading unconstitutional – pre-game prayers

Religion and School Law in Congress in 1984 permitting student/religion groups to meet in public schools. Ruled constitutional as long as school members not part of Theory of Evolution- “Scopes Monkey Trial” Cannot ban theory of evolution and cannot teach creationism. Controversial

Other Issues Christmas displays in public parks/squares School celebrations- Christmas or other holidays Ban on school prayer did not extend to government meetings Did it in colonial times and was not trying to indoctrinate students or people.

Free Exercise Clause Court makes distinction between belief vs practice of religion or religious activities Mormons- polygamy Practices cannot violate law Vaccination requirements Some exceptions- Amish and public school attendance Right or wrong

Flag/Pledge Requirements today Cannot have prayer- moment of silent reflection Cannot force or punish students for pledge