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Published byHarvey Benedict Hubbard Modified over 6 years ago
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Freedom of Religion AP US Govt. 4/7/17
Objective: To whom can you worship (or not worship) and when? Using your pocket constitution: Highlight: Establishment Clause/Free Exercise Clause
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Areas of Controversy 5/31/2018
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I. Establishment Clause
(Engel v. Vitale, 1962) “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen.” Definition: Different philosophies Accommodation: (freedom OF religion) Separation: (freedom FROM religion) 5/31/2018
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I. Establishment… Lemon v. Kurtzman, 1971-
Have a secular purpose Not advance nor inhibit religion Not foster excessive entanglement with religion Engel v. Vitale, 1962 – no prayer Abington v. Schempp, 1963 – no bible reading Epperson v. Arkansas, 1968, can teach evolution Zelman v. Simmons-Harris, 2002, school vouchers 5/31/2018
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II. Free Exercise Clause
(Freedom of worship is relative, not absolute) Standard used by court- Laws MAY NOT stifle a particular religion Oregon v. Smith, 1990 5/31/2018
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II. Free Exercise cont… Religious practices that have been permitted:
Religious practices that have been restricted: Reynolds v. US, 1879: polygamy US v. Lee, 1982, AmishSS taxes Religious practices that have been permitted: Jehovah Witness , 1943, Flag Salute 1972, Amishschool 8th grade Lukumi Tribe, Santeria, 1993 Article 6 bans religious tests and oaths -Article 6: So…why don’t we get more politicians who are not Christian OR for that matter, not religious? 5/31/2018
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