Western Knight Center The First Amendment: Collision of Two Freedoms?

First Amendment to the U.S. Constitution Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,....

Some other relevant sources of law Federal statutes (e.g., Title VII of the 1964 Civil Rights Act) Federal regulations (e.g., regulations adopted as part of the Bush administration’s faith-based initiative) State constitutions (e.g., limits on government aid for religious elementary and secondary schools) State laws (e.g., State Religious Freedom Restoration Acts (state “RFRAs”))

Religion, Policy and Politics Article VI of the U.S. Constitution: “[N]o religious test shall ever be required as a qualification to any office or public trust under the United States.” IRS restrictions on lobbying and partisan political activities of 501(c)(3) tax-exempt organizations, including churches and other religious organizations “Houses of Worship Free Speech Restoration Act,” H.R. 235, Rep. Walter Jones (R-NC) Religion-based lobbying on issues such as homosexual civil marriage/civil unions, stem-cell research, military intervention, poverty, the environment and health care

Religious Expression in Public Schools Distribution of religious community groups’ fliers through the public elementary and secondary school system when other community groups’ fliers are distributed through this system Religious community groups’ use of public school facilities for after-school religious activities and as temporary places of worship Membership/leadership policies of student-organized religious clubs at public secondary schools as well as at state universities and colleges Public schools, homosexuality and religion Possibility of Pledge of Allegiance case redux; “Pledge Protection Act,” H.R Bush administration prayer guidelines (issued on February 7, 2003, pursuant to the “No Child Left Behind Act” of 2001) Prayers and religious remarks offered by students at secondary school graduations Muslim headscarves and public schools Teaching about religion post 9/11

Religious Expression in Public Places (Other than Public Schools) Religious displays in public places (e.g., Ten Commandments, crèches, displays of the Bible) “Constitution Restoration Act,” H. R. 3799, Rep. Robert Aderholt (R-AL) State mottos/seals with religious references or symbols Prayers at city council and school board meetings

Religion and the Workplace Title VII of the 1964 Civil Rights Act Religious objections to diversity training “Workplace Religious Freedom Act,” S. 893, Sen. Santorum (R-PA) and Sen. Kerry (D-MA) 9/11 backlash against Muslim (and sometimes Sikh) employees

Government Aid and Religious Elementary and Secondary Schools School vouchers – continuing battle over state constitutional limits on government aid for religious elementary and secondary schools or for non-public schools generally

Government Aid and Religious Institutions (Other than Religious Schools) Fate of the faith-based initiative over the next four years (generally) Religion-based employment discrimination in government-funded jobs “Bricks and mortar” grants for church buildings and other buildings where religious activities take place

Religious Autonomy from Government Ramifications of the Catholic scandal Efforts to preserve the “religious character and autonomy” of religious social service providers that administer government- funded programs

Free Exercise of Religion (misc.) Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”) “Conscience Clause” issues (e.g., Hyde-Weldon language on House-passed Labor/HHS appropriations bill for FY 2005) State Religious Freedom Restoration Acts (state “RFRAs”) Issues for members of minority faiths, particularly Muslims and Sikhs

Religion and the Battle over Federal Judicial and Executive Appointments Appointments to the U.S. Supreme Court and lower federal courts Appointments to president’s cabinet and other high-level executive offices