1. Civil Liberties & Civil Rights
Religious Freedom
Civil Liberties & Civil Rights

2. What is the government’s relationship to religion?
Rights & Liberties
intro
What is the government’s relationship to religion?

3. Civil Liberties & Civil Rights
Freedom of Religion
Civil Liberties & Civil Rights

4. Addressed in the original constitution
Rights & Liberties
Freedom of Religion
Religious Freedom
Addressed in the original constitution
Article VI bans religious tests as a condition for holding public office
The first part of the First Amendment addresses religious freedom of citizens

5. Tennessee Constitution
Rights & Liberties
Freedom of Religion
Tennessee Constitution
Article IX: Section 1 – No minister of the Gospel, or priest of any denomination whatever shall be eligible to a seat in either House of the Legislature
Article IX: Section 3 – Any person who fights a duel, or challenges someone to a duel is deprived of the right to hold office.
Article IX: Section 2 – No person who denies the being of God, or a future state of rewards or punishments, shall hold any office in the civil department of this state
These are still “on the books” but have been rendered unenforceable by Supreme Court decisions

6. Rights & Liberties Freedom of Religion First Amendment
Important to note that it is the first provision of the First Amendment
“Congress shall make no law respecting and establishment of religion….
Or prohibiting the free exercise thereof”
Two clauses: Establishment Clause & Free Exercise Clause

7. Civil Liberties & Civil Rights
Establishment Clause
Civil Liberties & Civil Rights

8. Religion Establishment Establishment Clause
“Congress shall make no law respecting an establishment of religion”
The government cannot designate or create an official religion
The government cannot show favoritism to one religion over another

9. Some oppose the concept of a separation between church & state
Religion
Establishment
Establishment Clause
Thomas Jefferson wrote that this creates a “wall of separation” between church and state
Some want to restrict government involvement with religious institutions and remove religious references from government institutions and property
Others want to relieve some of the existing prohibitions on the intermingling of religious and government institutions
Some oppose the concept of a separation between church & state

10. Religion Establishment Establishment Clause
Many of the issues regarding the separation between church and state revolve around schooling
Public schools are run by states, and so are government institutions – attending school is mandatory
Religion has played a role in schools forever. Religious institutions have always run schools

11. Religion Establishment Cases Engel V Vitale
Schools in New York began the day by reciting a prayer. Schools all over the country had similar practices
Engel V Vitale
Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen
The Court ruled that school sanctioned prayer violates the Establishment Clause
The program was created by govt officials to promote a religious belief
It doesn’t matter that the prayer was voluntary or not about any particular religion

12. Religion Establishment Cases Engel V Vitale cases
Abingdon V Schempp – required Bible reading in school violates Establishment
Wallace V Jaffree – no moments of silence for meditation or voluntary prayer
Lee V Wiseman– no prayer at graduation ceremonies
Sante Fe V Doe – no prayer at football games, even if student led

13. Government can rent out school facilities for religious use
Religion
Establishment Cases
Other school issues
Government can send public school teachers into religious schools to help with secular instruction
Government can give “vouchers” that help pay tuition for religious schools
Government can rent out school facilities for religious use
Government can give religious student organizations the same rights as secular ones

14. Government cannot ban evolution or force the teaching of creationism
Religion
Establishment Cases
Other school issues
Government cannot create benefits for a religious group just because a school’s population is homogenous
Government cannot allow religious instructors to teach during the school day
Government cannot ban evolution or force the teaching of creationism
Government cannot keep religious groups from using facilities if it rents them out to anyone else

15. Religion Establishment Cases Non-school issues
Public displays can be tricky – government does not have to ignore religion but…
There is no posting of the “Ten Commandments“ in a court house
State can display religious documents if it’s part of a more inclusive, historical exhibit.
Government cannot display
“nativity scenes” for Christmas. They CAN – if they are part of a more inclusive, secular display

16. Religion Establishment Cases Lemon V Kurtzman
The government provides funds for public schools. Can it provide similar funds for parochial private schools?
Lemon V Kurtzman
YES – but only for secular purposes
Lemon establishes the “Lemon Test”
Aid to church schools must have a secular legislative purpose
It has to have a primary effect that neither promotes nor inhibits religion
It cannot foster an excessive govt “entanglement” with religion

17. Religion Establishment Cases Establishment Clause
THE GOVT DOES NOT HAVE TO IGNORE RELIGION, IT JUST CAN’T PROMOTE IT.
This does NOT require a complete separation of church and state
State must accommodate all religions and cannot show hostility towards any

18. Civil Liberties & Civil Rights
Free Exercise Clause
Civil Liberties & Civil Rights

19. Religion Free Exercise Free Exercise Clause
“Congress shall make no law…. Or prohibiting the free exercise thereof”
This prohibits the govt from stopping citizens’ ability to worship as they please
Free Exercise does not permit religious freedom to be an excuse for ALL behaviors
People are allowed to BELIEVE what they want, but are not always allowed to PRACTICE how they want to

20. Religion Free Exercise Free Exercise Clause
Religions sometimes forbid actions that society finds necessary
Religions sometimes require actions that society finds unacceptable
The government must have a “compelling interest” to restrict religious freedom
Can the govt use an alternative form of regulation that would not infringe on a person’s religious beliefs and still achieve the state’s goal?

21. Religion Free Exercise Cases Wisconsin V Yoder
Amish faith discourages higher education in order to preserve the Amish way of life
Parents were fined when they pulled their children out of school after the 8th grade. The state has compulsory education.
If there is a conflict between free exercise and state compulsory education, who wins?
The fine violated the Free Exercise clause because the values and programs of secondary school conflicted with the fundamental way of Amish life
The state could provide no reasonable justification for NOT exempting this group

22. Reynolds V United States– US does not allow polygamy
Religion
Free Exercise Cases
Free Exercise
cases
Wisconsin V Yoder– Amish can pull their children out of mandatory school
Reynolds V United States– US does not allow polygamy
Tarascco V Watkins – states may not require a religious declaration to hold office
Murdock V Pennsylvania – people handing out religious material don’t have to get a license

23. Religion Free Exercise Cases Employment Division of Oregon V Smith
What If illegal drugs are part of religious ceremonies?
People used peyote in a Native American religious ceremony and lost their jobs because of it.
Employment Division V Smith
When they applied for unemployment benefits, they were denied since they were dismissed for “misconduct”
Oregon V Smith
Can the state punish them?

24. Religion Free Exercise Cases Employment Division of Oregon V Smith
The govt can indirectly limit religious practice as long as it doesn’t single them out for being religious practices
The state’s interest in enforcing the law outweighs the interest in protecting religious freedom
Employment Division V Smith
A person can’t defy “laws of general applicability” even as an expression of religious belief
Oregon V Smith
They were punished for the drug use. The decision was unpopular

25. Religion Free Exercise Cases Religious Freedom Restoration Act
Congress passed laws in responses to the decision in Oregon V Smith
Mandates the state must use “strict scrutiny” when determining whether or not free exercise has been violated
A religiously neutral law can burden a religion as much as one intended to interfere with religion
This makes sure that a law cannot interfere with religious practices unless the government can show it is narrowly tailored and has a compelling interest
RFRA only applies to the federal govt

26. Religion Free Exercise Cases Free Exercise Issues
Government can prevent human sacrifice
Government can ban polygamy
Government can build roads in sacred Native American lands
Government can prevent parents from denying medical treatment for a child
Government can deny tax exemptions to religious schools that discriminate

27. Religion Free Exercise Cases Free Exercise Issues
Government cannot prevent animal sacrifice
Government cannot prevent conscientious objection to military service
Government cannot force you to participate in “pledge of allegiance”
type activities

28. Hobby Lobby is owned by an evangelical Christian family
Religion
Free Exercise Cases
Burwell V Hobby Lobby
Hobby Lobby is owned by an evangelical Christian family
Affordable Care Act required employers to offer insurance plans that cover some types of contraceptives
Hobby Lobby’s owners think that being forced to fund access to “Plan B” pills and IUDs violates their religious beliefs
The Court allowed corporations to claim religious exemptions from federal laws

29. Religion Free Exercise Cases Burwell V Hobby Lobby
This is the first time SCOTUS recognizes a corporation’s claim of religious belief
This is limited to “closely held corporations” – do not have many owners or stockholders
Struck down part of the ACA that required employers to cover contraceptives for female employees of those corporations
The Court ruled the “contraceptive mandate” was not the “least restrictive” method of implementing the govt’s interest

30. Religion Free Exercise Cases State RFRAs
State govts have passed their own versions of RFRA laws
21 states have passed their own RFRA, but most are just state versions of the federal law
The state governments must show that they use the least restrictive method of implementing the govt’s interest
More recently, states are passing RFRAs that raise problematic issues

31. Religion Free Exercise Cases Indiana Religious Freedom Restoration Act
Signed into law by your boy, Mike Pence
Allows corporations to deny or not render services to individuals or groups if it is a burden to the businesses’ religious convictions
The law recognizes a business’s right to free exercise and allows it to use free exercise as defense in a discrimination lawsuit
The law is vaguely worded, and seemingly targets the LGBT community. It could also allow discrimination against Christians

32. Civil Liberties & Civil Rights
Bigly Ideas
Civil Liberties & Civil Rights

33. Public Policy Wrap Up Establishment Clause Engel & Lemon cases
Free Exercise Clause
Oregon case
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