1 st Amendment 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

Separation of church and state Roger Williams’ society Great Awakening – increase religious diversity Freedom of religion needed protection Freedom of religion is to strengthen both the church and the state Freedom of conscience  What to believe

There needs to be separation between the two to preserve peace and prevent violations of rights  To protect religion form being corrupted by the state  To protect good government from corruption caused by religious conflict Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof  No single religion should be favor by government  No interference with the right to practice or not practice religious beliefs

Establishment clause Government may not sponsor an official church By 1833, all states changed constitutions to required separation of church and state Everson v Board of Education  Incorporated the establishment clause

Interpretations of the Establishment clause Broad  No aid to any religion  Government may give religious groups the same service  Government may provide assistance to help people exercise their religion Narrow  Government is prohibited from giving one religious group preference  The 1 st amendment does not prohibit government from supporting impartially Literal  Prohibiting only the Establishment of an official governmental religion  Government can participate in particular religion

Free exercise clause It makes sure any person who wants to practice their religion will be permitted Two parts  The freedom to believe  The freedom to practice the belief Not absolute  May be limited to protect others Courts have to be careful with this clause.  Which practices should be limited?

Before early 1970s  children in Wisconsin required to attend school until they were 16. Members of the Amish religion did not want their children to attend school after grade 8. The Amish wanted children to stay in their communities, learning the jobs they would have as adults.  One 15-year-old Amish girl didn’t return to school after finishing grade 8, State officials tried to force her parents to send her to school. Yoder v Wisconsin

Can the state force a minor under 16 to attend school?  Even if the minor is following or practicing their religious believe? Constitutional Question: Was the State violating the “Free Exercise Clause” of the 1 st Amendment?

Smith v Oregon Two Native Americans who worked as counselors for a private drug rehabilitation organization, ingested peyote -- a powerful hallucinogen -- as part of their religious ceremonies Oregon Supreme Court must determine whether or not sacramental use of illegal drugs violated Oregon's state drug laws Oregon Supreme Court concluded that Oregon drug law prohibited the consumption of illegal drugs for sacramental religious uses, this prohibition violated the free exercise clause. The case returned to the U.S. Supreme Court in this new posture.

Question = Does the state law violate the Free Exercise Clause of the First Amendment?  No.  The law was neutral  Outlawing drug used applies to everybody

Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah The Church of Lukumi Babalu Aye practiced the Afro- Caribbean-based religion of Santeria. Santeria used animal sacrifice as a form of worship Most of time the animal would be eaten Shortly after the announcement of the establishment of a Santeria church in Hialeah, Florida, the city council adopted several ordinances addressing religious sacrifice. The ordinances prohibited possession of animals for sacrifice or slaughter

Question = Did the city of Hialeah's ordinance, prohibiting ritual animal sacrifices, violate the First Amendment's Free Exercise Clause?  Yes.  The Court held that the ordinances were neither neutral nor generally applicable.  The ordinances singled out the activities of the Santeria faith and suppressed more religious conduct than was necessary to achieve their stated ends.  The ordinances targeted religious behavior