Freedom of Religion 1 st Amendent. Establishment Clause  “Congress shall make no law respecting an establishment of religion.”  Idea that the government.

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Presentation transcript:

Freedom of Religion 1 st Amendent

Establishment Clause  “Congress shall make no law respecting an establishment of religion.”  Idea that the government establishes a state sponsored religion or favors one religion over another.  Read Lee vs Weisman  Respond to Weisman decision. Agree or disagree and why

Lemon v. Kurtzman 1971  Question (Aid to Parochial Schools)  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"?  Court ruled 8-0 against Rhode Island and Pennsylvania  Read the summary and respond to two questions at the end of the summary.

Lemon Test: Need to Know for Next Day!!!!!! The Court's decision in this case established the " Lemon test ", which details the requirements for legislation concerning religion. It consists of three prongs: 1.The government's action must have a secular legislative purpose ; (non-religious) 2.The government's action must not have the primary effect of either advancing or inhibiting religion ; 3.The government's action must not result in an "excessive government entanglement" with religion.

Free Exercise Clause  Congress shall not pass a law “prohibiting the free exercise” of religion  Under this clause the government may not limit what people believe, but may limit what they practice. (example 1879 case on polygamy)  Selected holdings : parents must allow children be vaccinated even if goes against their beliefs. Orthodox Jew on active duty may not wear yarmulke, and upheld right of Jehovah’s Witnesses not to salute flag.

Prayer and Bible Reading  Court ruled 7 times since 1962 against prayer and Bible reading in schools.  Teachers paid by government and to allow teachers to say prayers or read from Bible in school buildings amounts to support of religion.  Public buildings can be used for religious purposes, but schools may not lead such.  Read Engel vs. Vitale and respond to questions at the end of the sumary.