1. Chapter 19 Section 2 Objective: To understand the importance of religious freedom in the United States.

2. A. Religion and the Bill of Rights 1 Many of the early colonists came to America to escape religious persecution. 2. The 1 st and 14 th amendments prohibit the establishment of a state religion (non- establishment clause) and any interference with the free exercise of religion (exercise clause).

3. B. Separation of Church and State 1. The non-establishment clause implies a separation of church and state (wall or gate?) 2. Released time – the Court has allowed schools to release children from school to attend religious classes if the classes are held on private property.

4. 3 Prayers and the Bible – The Court has ruled against any laws requiring or suggesting prayers or the “religious use” of the bible in public schools. 4. Student Religious groups – The Court has ruled that schools must allow student religious groups to meet in the school on the same terms that it sets for other student organizations… “Equal Access” law.

5. 5. Evolution – The Court has struck down state laws prohibiting the teaching of evolution of mandating the teaching of creationism. 6. Seasonal displays – The Court has held that public displays of religious beliefs are permissible only if they are part of an otherwise nonreligious or multireligious display. 7. Chaplains in Congress and the State Legislatures – The Court allows daily prayer in Congress and the State legislatures because such prayer is based on tradition and because adults, unlike school children, are not “susceptible to religious indoctrination or peer pressure”.

6. 8. Tax Exemptions – The Court allows tax exemptions for religious organizations, but denies tax-exempt status to religious organizations that practice racial discrimination. 9. State aid to Parochial Schools – it exists in many forms, but it is controversial..it must comply with the Lemon Test

7. 10. The Lemon Test – criteria set up by the court following a Supreme Court case * State aid must be secular not religious * Primary effect must not be to aid or inhibit religion * Must avoid “excessive” entanglement of government with religion.

8. C. The Free Exercise of Religion 1. Every person in guaranteed the right to believe whatever that person chooses to believe in matters of religion. 2. The Court limits the free exercise of religion in cases where such exercise violates social duties or is subversive of good order. 3. The Court also protects free exercise in the face of strong public pressure against it.