1. Civil Rights and Liberties
I have my rights!

2. Civil Rights and Liberties
Civil Rights- Protection the government insures. (14th Amendment, CR Act of 1965)
Civil Liberties- Protection from the government. (1st Amendment etc).

3. Civil Liberties Freedom of Religion (Establishment and Exercise)
Freedom of Speech & Press
Freedom of Assembly, Petition (Political Correctness?)
Right to Bear Arms
Freedom from unreasonable Search and Seizure
Right to a fair and speedy trial
Freedom from cruel and unusual punishment
Right to Privacy??

4. Relationship between Church and State

5. Two main viewpoints
Accommodations: Those who believe the government should accommodate religion. Very thin separation between the two as long as government doesn’t officially establish one religion.
Separationists: believe in a thicker wall of separation of between church and state. Believes that government and church should be completely separate from each other.

6. VA Bill of Religious Freedom
That our civil rights have no dependence on our religious opinions any more than our opinions in physics or geometry,
That therefore the proscribing any citizen as unworthy the public confidence, by laying upon him an incapacity of being called to offices of trust and emolument, unless he profess or renounce this or that religious opinion, is depriving him injuriously of those privileges and advantages, to which, in common with his fellow citizens, he has a natural right,
- Written in party by Thomas Jefferson

7. Jefferson Letter to the Danbury Baptists
Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature would "make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between Church and State.
- Thomas Jefferson (1801)

8. Everson v Board of Ed.
Facts: A city in New Jersey allotted public funds for students to take transportation to private schools.
Question: Does the allocation of public funds to provide transportation to a private school violate the establishment clause?
Ruling: 5-4 No it does not.

9. Ruling
"The 'establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between Church and State.'"

10. Meaning
1. Court held that Est. Clause imposes restrictions on state government just as it does in the federal govt.
2. Est. Clause requires strict neutrality on religion, cannot endorse or deny religion in any case.
Is this a fair understanding of the Establishment Clause?

11. Opposition In a 1985 ruling of Wallace v Jaffree
A 6-3 decision stated that silent school prayer violated the Est Clause.
In a dissenting opinion Justice Rehnquist stated “As long as the national government neither establishes a national church nor gave preference to a particular religion, its action supporting or accommodating religion were viewed consistent with the Est. Clause.”
Rehnquist when on to state since Jefferson was not at the Constitutional Convention that he was not the best source to of information on this issue.

12. Free Exercise Limits to Free Exercise
Legislation imposing a substantial burden on religious practices would be upheld if…
1. It served an important state aim…
2. That aim could not be advanced by a less restrictive means

13. A Lemon Test Too much grey area, need a formula.
1971 case Lemon v Kurtzman Set the constitutional standard known as the Lemon test for all
A. The law must be secular in nature. IE Increased grants to help raise Math literacy. Private schools could receive these grants.
B. It must have a primary effect that neither advances nor inhibits a religion. IE All football games must be played on Wednesday nights.
C. Cannot cause excessive government entanglement in religion. What does excessive entanglement mean?

14. Cases of controversy dealing with religion
Is prayer at the start of the school day constitutional?
Is student led prayer at a football game constitutional?
Can a church receive public monies for secular purposes?
Is animal sacrifice a protected right if it’s a part of your religion?
Is polygamy a protected right if it’s a part of your religion?
Can the government compel you to participate in speech that goes against your religious beliefs?