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October 4, 2018 Modern Issues in the U.S. Agenda:

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1 October 4, 2018 Modern Issues in the U.S. Agenda: DO NOW: Amendment Matching NOTES #8: How does the First Amendment protect religion? SCENARIO ANALYSIS: First Amendment and Religion

2 How does the First Amendment protect religion? Notes #8

3 Separation of Church and State
The First Amendment contains an Establishment Clause, which prohibits the government from giving preference to any religion. Separation of Church and State

4 The First Amendment also contains a Free Exercise Clause, which prohibits the government from interfering in a person’s religious beliefs.

5 Various Supreme Court cases and rulings have helped interpret these clauses:

6 1. In New Jersey, a state law was passed that authorized public government funding to transport children to private religious schools. IS THIS LEGAL?

7 1. In the 1947 case Everson v. Board of Education, the Supreme Court ruled in favor of government support to private and public school-children.

8 2. In New York, the Board of Regents wrote and authorized a voluntary prayer that could be recited by public school students at the beginning of each school day. The prayer read as followed: “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our country.” IS THIS LEGAL?

9 2. In the 1962 case Engel v. Vitale, the Supreme Court ruled against prayer being conducted in public schools. Chief Justice Earl Warren

10 3. In Pennsylvania, a state law was passed that required students to hear and sometimes read portions of the Bible as part of their public school education. That law, Public Law 1928, required that: “(at) least ten verses from the Holy Bible (be) read, without comment, at the opening of each public school on each school day." IS THIS LEGAL?

11 3. In the 1963 case School District of Abington Township v
3. In the 1963 case School District of Abington Township v. Schempp, the Supreme Court ruled against Bible readings being conducted in public schools. Ellery Schempp

12 4. In Wisconsin, a state law was passed that required students to attend school up to the age of 18. Three Amish families were found guilty of violating this law after they had pulled their children from school after the eighth grade because they felt higher education would interfere with the religious upbringing of their children. IS THIS LEGAL?

13 4. In the 1972 case Wisconsin v. Yoder, the Supreme Court ruled against laws that placed unnecessary burdens on a person’s religious beliefs.

14 5. In Alabama, a state law was passed that authorized public school teachers to set aside one minute at the start of each day for a moment of meditation or voluntary prayer. IS THIS LEGAL?

15 5. In the 1985 case Wallace v. Jaffree, the Supreme Court ruled against one minute silences for voluntary prayer being conducted in public schools. Ishmael Jaffree


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