1. The First Amendment
Freedom of Religion
“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof;”
~US Constitution, 1st Amendment

2. Church and State: The Free-Exercise Clause
Definition: Citizens may practice religion as they see fit; no law may impose particular burdens on religious institutions
Relatively clear meaning: no state interference, similar to speech
Ensures that no law may impose burdens on particular religious institutions
Example: Hialeach, FL cannot ban animal sacrifices by Santerians because killing animals is not generally illegal

3. Church and State: The Free-Exercise Clause
But still have to follow laws binding all citizens
Oregon v. Smith
No use of peyote (illegal substance) in religious services
Some conflicts between religious freedom and public policy still difficult to settle
Conscientious objection to war, military service (Quakers)
Refusal to work Saturdays (Seventh-Day Adventists)
Refusal to send children to public school beyond eighth grade (Amish)

4. The Establishment Clause
Definition: Government cannot establish a national religion; “wall of separation” between church and state (Jefferson’s view)
Ambiguous phrasing of First Amendment requires Court interpretation
Supreme Court interpretation: no governmental involvement, even if the involvement would not be preferential

5. The Establishment Clause
1947 New Jersey case allowed Catholic schools parents to be reimbursed for the cost of busing their children to schools because bussing is a religiously-neutral activity
Court has since struck down school prayer, “creationism,” in-school release time for religious instruction
Court has allowed certain kinds of aid to parochial schools and denominational colleges
AND has allowed voucher money to go to parochial schools, on grounds the aid went to the families, not schools; families were free to choose a school

6. The Establishment Clause
Government involvement in religious activities is constitutional if it meets the Lemon Test (Lemon v. Kurtzman):
1) Secular purpose
2) Primary effect neither advances nor inhibits religion
3) No excessive government entanglement with religion
Supreme Court rulings, however, remain complex and shifting in regard to the establishment clause
Let’s hear about some famous examples

7. The Establishment Clause
Supreme Court Cases
Engel v. Vitale (school prayer unconstitutional)
Abington School District v. Schempp (no daily readings from Bible)
Lee v. Weisman (no clergy at school ceremonies)
Santa Fe v. Doe (no student-led prayers at football games
Zelman v. Simmons (aid to go to religious school ok)
Elk Grove v. Newdow (under God in pledge, no standing to sue)
Good News Club v. Milford (equal access to school facilities for religious groups)

8. What about today?
New way for federal government to ensure public schools do not excessively restrict religion:
Schools can’t receive NCLB funds unless school certifies it does not ban prayer or religious expression that is conducted in a constitutional way.