Unit 6: Civil Liberties and Civil Rights, Lesson 3 Freedom of Religion Right to Privacy To what extent has the Supreme Court expanded protections given freedom of the religion and the right to privacy? To what extent has the Supreme Court narrowed protections given these liberties?

Free Exercise Clause “Congress shall make no law … prohibiting the free exercise of religion.” Guarantees right to follow any religion or no religion at all. Court: Distinction between religious belief and religious practice. While religious belief is absolutely protected, practice of religious beliefs may be restricted, especially if those practices conflict with criminal laws. Freedom of Religion

Free Exercise Clause Reynolds v. United States (1879) –Upheld federal law prohibiting polygamy even though Reynolds, a Mormon from Utah, claimed that the law limited his religious freedom. Employment Division of Oregon v. Smith (1988) –Upheld state law denying unemployment benefits to workers fired for using drugs, even though Smith was using the drug (peyote) as part of a religious ceremony. Freedom of Religion

The Establishment Clause “Congress shall make no law respecting the establishment of religion…” Thomas Jefferson: Constitution creates a “wall of separation between Church and state.” –Congress may not establish any religion as the national religion favor one religion over another tax American citizens to support any one religion. Freedom of Religion

Establishment Clause Cases Engel v. Vitale (1962) –Struck down state law requiring students to recite a nondenominational prayer in public schools at start of school day –________________“wall of separation” between church and state. Abington Township School District v. Schempp (1963) –Struck down Pennsylvania law mandating school- sponsored reading of a Bible passage in public schools. Lemon v. Kurtzman (1973) –Struck down PA. law permitting state-funding of parochial private schools (textbooks and teacher salaries). –But allowed government aid to church-related schools if 3 conditions of Lemon test are met Freedom of the Press

The Lemon Test Freedom of Religion TEST QUESTION (PRONG) 1 Does the policy have any NON- SECULAR (religious) purpose? YES- POLICY IS UNCONSTITUTIONAL! NO- GO ON TO QUESTION 2 YES- POLICY IS UNCONSTITUTIONAL! NO - GO ON TO QUESTION 3 YES- POLICY IS UNCONSTITUTIONAL! NO- POLICY IS CONSTITUTIONAL! TEST QUESTION (PRONG) 2 Does the policy PROMOTE or INHIBIT religion? TEST QUESTION (PRONG) 3 Does the policy EXCESSIVELY involve government with religion? 3 conditions a law must meet to avoid establishing religion

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Establishment of Right to Privacy Right to be left alone in our private lives, free from government monitoring, intrusion, regulation Not explicitly stated in Constitution, but considered precious by public and implied in Constitution, say many scholars Griswold v. Connecticut (1965) –Struck down Connecticut law banning birth control as a violation of marital privacy rights –Established right to privacy as fundamental right implied in several amendments the 1 st (right to free expression and conscience) 3 rd (no quartering of troops in homes) 4 th (ban on illegal searches and seizures) 9th (people retain liberties even if not explicitly mentioned in Constitution) –Incorporated the right of privacy to the states. Right to Privacy

Abortion Roe v. Wade (1973) –Roe challenged Texas law banning abortions except to save the life of a mother. –Court ruled a woman has a right to terminate her pregnancy based on right to privacy. States may not interfere in her decision to have an abortion within first two trimesters, nor take any action in third trimester that might threaten life or health of the mother. –Actively backed by many women’s groups, such as NOW. Anti-abortion politics became important factor in renewal of conservative movement and rising power of Republican party (evangelical Christians) Planned Parenthood v. Casey (1992) –Allowed states to place restrictions on access to abortions, but they cannot go so far as to make abortion impossible to obtain. –________________ right to abortion by giving states more room to regulate abortions. Right to Privacy

Private Sexual Activity Lawrence v. Texas (2003) –TX law made it illegal for consenting same- sex adults to have sex. –Overturned state antisodomy laws prohibiting consensual gay and lesbian sexual relations violate the right to privacy. –_________the definition of right to privacy to include sexual intimacy between straight and gay and lesbian couples. –Incorporated the sexual right to privacy to the states. Right to Privacy