Freedom of Religion AP GOPO 5

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” - United States Bill of Rights The First Amendment

1790- The Bill of Rights is passed, which includes the First Amendment, the freedom of religion. 1878- Reynolds V. U.S. the Supreme Court ruled that no religious rule was superior to civil law because it would render the government ineffectual and irrelevant. Later freedom of religion shifted from protecting individual liberties from the government to concerning public displays of worship or beliefs. 2001- Santa Fe Independent School District v. Doe the Supreme Court ruled on the issue of prayer during extracurricular school-sponsored activities. The court ruled that this practice was unconstitutional. Evolution

Cantwell v. Connecticut 1940 Did the solicitation statute or the "breach of the peace" ordinance violate the Cantwells' First Amendment free speech or free exercise rights? The Court ruled that 1) Connecticut could not require permits specifically for religious solicitation, and that 2) Cantwell had a First Amendment right to peacefully express his views. http://billofrightsinstitute.org/resources/educator-resources/lessons-plans/landmark-cases-and-the-constitution/cantwell-v-connecticut-1940/ http://www.oyez.org/cases/1901-1939/1939/1939_632/ Cantwell v. Connecticut

Everson v. Board of Education 1947 Whether reimbursing parents for their children’s transportation to and from religious schools violates the Establishment Clause when it is part of a general transportation reimbursement scheme. The Court held that the state does not violate the Establishment Clause when it reimburses parents, as the money flows to the parents as part of a general secular policy designed to keep children safe while en route to and from school. http://www.firstamendmentschools.org/freedoms/case.aspx?id=467 Everson v. Board of Education

1962 Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment? The Court held that school officials may not require devotional religious exercises during the school day, as this practice unconstitutionally entangles the state in religious activities and establishes religion. http://www.firstamendmentschools.org/freedoms/case.aspx?id=465 Engel v. Vitale

1971 Did the Rhode Island and Pennsylvania statutes violate the First Amendment's Establishment Clause by making state financial aid available to "church- related educational institutions"? The Court ruled that the statutes result in excessive entanglement between the government and religion rendering it unconstitutional. Lemon v. Kurtzman

Employment Division v. Smith 1989 Can a state deny unemployment benefits to a worker fired for using illegal drugs for religious purposes? The U.S. Supreme Court ruled that prohibiting Native Americans from using peyote in their religious rituals does not violate their constitutional right-to the free exercise of religion. Employment Division v. Smith

Church of the Lukumi-Babalu Aye v City of Hialeah 1993 Whether the city laws directed at animal sacrifice as part of the Santeria religion violated the Free Exercise Clause of the First Amendment? The Court concluded that the local laws violated the Free Exercise Clause because they were designed to persecute or oppress a religion or its practices. Church of the Lukumi-Babalu Aye v City of Hialeah

2005 Does a Ten Commandments monument on the grounds of a state capitol building violate the First Amendment's establishment clause, which barred the government from passing laws "respecting an establishment of religion”? The Court held that the establishment clause did not bar the monument on the grounds of Texas' state capitol building Van Orden v Perry

McCreary County v ACLU of Kentucky 2005 Do Ten Commandments displays in public schools and in courthouses violate the First Amendment's establishment clause, which prohibits government from passing laws "respecting an establishment of religion?" The Court ruled that the displays violated the establishment clause because their purpose had been to advance religion. McCreary County v ACLU of Kentucky

Hein v Freedom From Religion Foundation, Inc. 2006 Do taxpayers have standing to bring an Establishment Clause challenge against Executive Branch actions funded by general appropriations rather than by any specific congressional grant? The Court ruled that citizens do not have standing as taxpayers to bring Establishment Clause challenges against Executive Branch programs that are funded by appropriations for general administrative expenses. Hein v Freedom From Religion Foundation, Inc.

Town of Greece v Galloway 2014 Does the town of Greece, New York, impose an impermissible establishment of religion by opening its monthly board meetings with a prayer? The Court ruled that the town's practice of beginning legislative sessions with prayers does not violate the Establishment Clause of the First Amendment. Town of Greece v Galloway

The original meaning of freedom of religion in the first amendment was to protect citizens from religious persecution which had been prevalent in the establishment of the original colonies such as Rhode Island and Maryland. The original settlers came to the United States to escape religious persecution in Europe and to establish a land where they could practice their religion freely. Original Meaning

Current Interpretation Today the interpretation of freedom of religion in the first amendment has evolved into a fight over whether public displays of religion are offensive others of differing beliefs such as atheism. Current Interpretation

Political Cartoon

Political Cartoon

The first political cartoon shown is saying that freedom of religion is restricted today. This is shown through the phrase “under God” being attacked by Michael Newdow. The second political cartoon shown is a very sarcastic cartoon showing firefighters from 9/11 at Ground Zero saying that right next to Ground Zero would be a good place for a Muslim mosque. This cartoon is saying that freedom of religion should be restricted. Political Cartoons

The interpretation of freedom of religion has drastically evolved over time. Originally the freedom of religion was an amendment that was meant to allow citizens the right to choose their beliefs and practices. This has evolved into a battle of whether public displays of religion should be allowed in the United States. An example of this is whether or not it is constitutional for the United States Pledge of Allegiance to include the phrase “under God”. Interpretation

Multiple Choice Questions Why was freedom of religion such an important aspect to the framers of the constitution? Because they wanted to establish an entirely Catholic government Because many of the original settlers in America were fleeing religious persecution Because they viewed all religions as equal Because they wanted everyone to get along Multiple Choice Questions

In what way has the Freedom of religion amendment changed over the years? it has restricted certain religions from being practiced It has allowed for the United Methodist Church to control the government It has fueled a fight over whether public displays of religion should be allowed This amendment has been repealed by Congress because it was considered unconstitutional

Teacher led prayer in public school is prohibited by A. the establishment clause B. the free exercise clause C. the due process clause D. the equal protection clause

What court case ruled that no religious rule was superior to civil rule? A. Cantwell v. Connecticut B. Engel v. Vitale C. Reynolds v. the U.S. D. Lemon v. Kurtzman

What court case concluded that the local laws violated the Free Exercise Clause? A. Employment Division v. Smith B. Everson v. Board of Education C. Town of Greece v. Galloway D. Church of Lukumi Babalu Aye v. City of Hialeah

Multiple Choice Answers 1) B. 2) C. 3) A. 4) C. 5) D. Multiple Choice Answers

The First Amendment includes two clauses relating to the freedom of religion. (a) Select one of the following cases and identify the First Amendment clause upon which the United States Supreme Court based its decision. Engel v. Vitale (school prayer) Lemon v. Kurtzman (state funding for private religious schools) (b) Describe the Supreme Court’s decision in the case that you selected in (a). FRQ Question

a) In Lemon v. Kurtzman, the Supreme Court used the establishment clause of the first amendment in making its decision. b) The Supreme Court stated that states cannot fund private religious schools because of the establishment clause which calls for a separation of church and state. By providing for a religious school, it promoted that particular religion. FRQ Question Answer

"Freedom of Religion." Freedom of Religion. N.p., n.d. Web. 10 Sept. 2014. Summers, Dana. "An American Mosque." The Week. N.p., n.d. Web. 10 Sept. 2014. "It's Called Freedom OF Religion, Not Freedom FROM Religion!" The Countdown. N.p., n.d. Web. 10 Sept. 2014. Sources

"VAN ORDEN v. PERRY. " Van Orden v. Perry. N. p. ,. n. d. Web. 10 Sept "MCCREARY COUNTY v. ACLU." McCreary County v. ACLU. N.p., n.d. Web. 10 Sept. 2014. "HEIN v. FREEDOM FROM RELIGION FOUNDATION." Hein v. Freedom From Religion Foundation. N.p., n.d. Web. 10 Sept. 2014. "TOWN OF GREECE v. GALLOWAY." Town of Greece v. Galloway. N.p., n.d. Web. 10 Sept. 2014. Works Cited

"Lemon v. Kurtzman | Casebriefs. " Casebriefs. N. p. ,. n. d. Web "Lemon v. Kurtzman | Casebriefs." Casebriefs. N.p., n.d. Web. 09 Sept. 2014. "Employment Division v. Smith." LII / Legal Information Institute. N.p., n.d. Web. 10 Sept. 2014. "Exercise Religious Practices." USCOURTSGOV RSS. N.p., n.d. Web. 10 Sept. 2014. "Constitutional Topic: The Constitution and Religion - The U.S. Constitution Online - USConstitution.net." Constitutional Topic: The Constitution and Religion - The U.S. Constitution Online - USConstitution.net. N.p., n.d. Web. 12 Sept. 2014. WORKS CITED