Chapter 40 Freedom of Religion

Protected by the 1 st Amendment Establishment Clause: –forbids the government from setting up a state religion –from endorsing or supporting religion –or preferring one religion over the other Free Exercise Clause: protects the right of individuals to worship or believe as they choose

Establishment & Free Exercise Clauses Neutral toward religion: government should NOT favor one religion over the other or favor religion over non~religion in its action or laws Requires the government to accommodate religious belief and practice as long as it does not establish or promote a state or national religion The use of “God” printed on money & in our Pledge of Allegiance has been upheld in Court

Establishment Clause 1 st Amendment forbids state & federal governments from setting up churches, passing laws aiding one or all religions, or from favoring one religion or another Forbids the government from passing laws barring or requiring citizen attendance at any church or belief in any religious idea T. Jefferson = “wall of separation between church and state”

Endorsement Test The challenged law or government action must have a secular or non~religious purpose The primary effect of the law or action must be to neither advance nor inhibit religion The operation of the law or action must not foster excessive entanglement of government with religion

Free Exercise Clause 1 st Amendment protects the right of individuals to worship as they choose. Religious BELIEF is protected, not ACTIONS if they violate an important secular government interest Courts will ALWAYS protect the religious practice