Freedom of Religion. The First Amendment The founding fathers had a deep concern about the relationship between church and state There are two clauses.

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Presentation transcript:

Freedom of Religion

The First Amendment The founding fathers had a deep concern about the relationship between church and state There are two clauses that protect religious freedom:

The Establishment Clause Jefferson referred to this clause as a “wall of separation between church and state” – IF there is a wall, then why don’t churches pay property taxes? Isn’t this support for churches?

The Establishment Clause Supreme Court has several tests for cases in this realm: – Endorsement Test – – Three-part Test The gov’t action/law must have a secular purpose

The Establishment Clause Important decisions under the establishment clause include: – An end to school sponsored prayer (even voluntary prayer led by a school) – Types of funding to parochial schools

The Free Exercise Clause While your right to worship as you choose is protected, it is only protected as long as it does not conflict with other important interests

The Free Exercise Clause If gov’t intentionally interferes w/ religious practice, then the courts will side with religion

Court Case Whip Around Case 1: West Virginia Board of Education v. Barnette (1943) /1942/1942_591 Case 2: Welsh v. United States (1970) Case 3: State of Wisconsin v. Jonas Yoder, et al. (1972) /1971/1971_70_110