1. Freedom of Religion “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof… “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…

2. Religious freedom has two important clauses: Establishment Clause “Congress shall make no law respecting an establishment of religion” Establishment Clause “Congress shall make no law respecting an establishment of religion” This says Congress cannot set up churches, favor any religion over another, force anyone to believe in or practice a faith, or promote any religion. The government cannot pass laws that promote or help certain religions. It must remain neutral to all religions, and to those who have no religion. It must remain neutral to all religions, and to those who have no religion. Free-Exercise Clause “or prohibiting the free exercise there of” Free-Exercise Clause “or prohibiting the free exercise there of” This guarantees all of us the right to practice religion without government interference. We are free to believe whatever we choose, but we are not completely free to act on those beliefs. Congress can limit our actions if it has a compelling interest in them. Thomas Jefferson once referred to the establishment clause as “a wall of separation between church and state.” This wall of separation is not complete (absolute)

3. Students & Religion As students, it’s important to know your religious rights in school. 1. 1.You are free to pray alone or in groups, as long as the activity is not disruptive and does not infringe upon the rights of others. 2. 2.As long as it is not disruptive, disrespectful of the rights of other students, and does not pressure or coerce others, you can exercise your faith. 3. 3.Schools cannot organize religious activities. This includes making students pray.

4. Two very important establishment clause tests which determine whether a challenged government law or action is a violation of the establishment clause The endorsement test- asks whether or not the government law or action has the purpose or effect of endorsing religion in the eyes of the community Lemon v. Kurtzman (1971): This case established the Lemon Test. The 3 parts of the Lemon Test are that the law or government action: 1. 1.Must have a nonreligious purpose 2. 2.Must have a primary effect that neither advances nor inhibits religion 3. 3.Must not foster excessive entanglement of government with religion

5. The Free Exercise Clause As a rule, the Supreme Court has decided that a person’s religious belief is protected, but the person’s actions based on those beliefs may be restricted if the action violates an important government interest. For a law to be held valid in restricting an action, it must be neutral (must not target a specific religious belief or practice).