1. Freedom of Religion

2. Two Main Principles Establishment clause Free Exercise Clause
Prohibits the establishment of a church supported by the national government
Free Exercise Clause
Constrains the national government from prohibiting individuals from practicing the religion of their choice

3. The Establishment Clause
“Congress shall make no law respecting the establishment of religion.”
Separation of Church and State?
Thomas Jefferson – Danbury Baptist Association
Clause overs all conflicts between the state and a religious group.

4. Aid to Church Related Schools
SCOTUS has attempted to draw a line between permissible public aid to church-related schools and impermissible public aid to religion.
Lemon v. Kurtzman 1971 – court established rules for permissible aid to religious schools.

5. Lemon Test That aid had to be secular (nonreligious) in aim.
That it could not have the primary effect of advancing or inhibiting religion
That the government must avoid an ‘excessive’ entanglement with religion.

6. Lemon Test Has been interpreted differently over the years.
State programs helping church-related schools to be unconstitutional
Has allowed – tax funds to be used to:
Pay for school lunches
Textbooks
Speech and hearing diagnostics
Standardized testing
Special education services

7. School Vouchers
Vouchers issued by the state to pay for education of your child
Public or private
Can voucher programs violate the establishment clause?
Zelman v. Simmons-Harris: ruling stated vouchers are constitutional because vouchers could be used for public or private
Did not entangle church and state

8. School Vouchers
Fifteen states allow public funds to be used for private education.
Twelve states allow vouchers or scholarships for special needs students
Six states provide tax deductions for private school tuition.
Some states – Florida and Utah rejected voucher plans.

9. School Prayer
Do the states have a right to promote religion without making any attempt to establish a particular religion?
Engel v. Vitale 1962
New York Board of Regents required:
“Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country.”

10. Engle v. Vitale
Parents that brought the case lost in court – on appeal the Supreme Court ruled:
It in no part of the business of government to compose official prayers for any group of American people to recite as part of religious program…

11. The Debate continues… Moment of silence ruled unconstitutional
For prayer or meditation in all public schools
Wallace v. Jaffree : “endorsement of religion lacking any clear secular purpose.”
Lower courts have ruled ‘moment of silence’ allowed if purpose of the law is secular, not religious.

12. The Debate continues…
Law – “in lieu of prayer, we will have a moment of silence” – not allowed
Law – “ we will have a moment of silence” - allowed

13. Theory of Evolution
Certain religious groups oppose the teaching of evolution because it counters their religious belief in the Biblical story of creation.
Epperson v. Arkansas laws prohibiting the teaching of evolution violates the USC because it imposed religious beliefs on students.
What about other ‘theories’?

14. Religious Displays on Public Property
Not Allowed
Allowed

15. Religious Displays on Public Property
Confucius, Moses, Solon

16. Religious Displays on Public Property

17. The Free Exercise Clause
constrains the national government from prohibiting the free exercise of religion.
People are free to believe or not to believe any religious doctrine.
Religious practices can be regulated if there is a compelling government interest.

18. Free Exercise Clause
Churches and Religious organizations are tax exempt
Not allowed to endorse candidates individually.
Can take positions on ballot proposals.
Mormon Church and Roman Catholic Church funded campaign for Prop 8 in California that would ban same-sex marriage
Can loosed tax exempt status
Rarely does IRS enforce policy
Branch Ministries v. Rossetti – groups tax exempt status revoked.

19. Research these cases/laws:
Reynolds v. US
Oregon v. Smith
Wisconsin v. Yoder
Marsh v. Alabama
Edmund Tucker Act