1. Warm Up
Decide whether you think each scenario in the list below is constitutional or unconstitutional. Write your response below each item in the list and give an explanation.
student-led Christian prayer in the stadium before a high school football game
display at a county courthouse featuring a nativity scene and a Santa Claus with his reindeer
posting of the Ten Commandments in a public building
moment of silence at the beginning of the school day
high school class studying the Bible in a historical or literary context

2. Tuesday, September 12, 2017
Objective: We will analyze the reasons why the Founding Fathers protected religious freedom and guaranteed its free exercise.
Purpose: I will evaluate the effect of government rulings and laws on religious activity in the United States and why Freedom of Religion is essential in a diverse society in order to maintain social harmony.

3. Freedom of Religion Establishment Clause
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
Congress cannot establish an official religion
Prohibits the government from preferring any one religion over another

4. The chart shows the three standards used in the Lemon test
The chart shows the three standards used in the Lemon test. How does a ruling in favor of a law that gave an income tax reduction for parochial tuition pass the Lemon test?

5. Freedom of Religion Free Exercise Clause
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
People are free to practice their religion
Exception: the practice of a person’s religion cannot interfere with more important rights of society

6. The Establishment Clause does not prohibit members of Congress, such as Keith Ellison (D., Minnesota), from taking an oath of office. Ellison rested his hand on a Quran as he was sworn in. Ellison was the first Muslim elected to Congress

7. Religious Freedom Case Law
Reynolds v. United States (1879)
Issue: whether Mormons could legally practice polygamy because of their religious faith
All 9 justices rejected the argument of Reynolds
"Laws are made for the government of actions, and while they cannot interfere with mere religious beliefs and opinions, they may with practices.“
In other words, religious practices cannot break the law

8. Religious Freedom Case Law
Engel v. Vitale (1962)
Issue: whether a public school can hold a daily prayer from the Bible
Ruling: the prayer written by the New York State Board of Regents was banned
Significance: schools cannot sponsor religious exercises such as student-led prayers

9. Religious Freedom Case Law
Employment Division v. Smith (1990)
Issue: whether the use of illegal substances (Peyote) in religious rituals is illegal
Decision: Government could no more ban the performance of physical acts when engaged in for religious reasons
Inspiration for “religious freedom restoration” acts
Supporters interpreted the act as allowing a business or individual to deny service to certain customers if such a service conflicts with their religious beliefs

10. Public Displays of Religious Symbols
If a religious display featured nonreligious objects such as candy canes and Santa’s sleigh and reindeer, it was allowed
if a seasonal display “endorsed a religious doctrine,” it violated the 1st and 14th amendments
If a religious display has a secular purpose, then it can exist
The Ten Commandments on the grounds of the Texas state capitol was erected in 1961 as part of a private group’s campaign against juvenile delinquency and is set among 37 other historical and cultural markers

11. This Hanukkah display and a Nativity scene adorned city hall in Jersey City, New Jersey. A federal judge ruled that they could stay if nonreligious items like Santa and a snowman were added.

12. Religious Freedom Case Law
Obergefell v. Hodges (2015)
Legalized same-sex marriage
Critics rejected the decision as infringing on religious liberty
11 counties in Alabama and 1 county in Kentucky refused to authorize any marriage licenses
1 county in north Texas refused to authorize marriage licenses

13. Synthesis
Go back to the warm up. Look again at the list you reviewed in the Start Up activity at the beginning of this lesson. Now that you have read about the freedom of religion, would you change any of your answers? As you answer, consider the fact that school districts are considered to be government entities because they are created by the States.

14. Videos https://www.youtube.com/watch?v=qWbEx43LDKo
Nightly Show
Daily Show