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Chapter 19.2 Freedom of Religion
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Religion and the Bill of Rights
Alexis de Tocqueville: churches & the genius of the country Early colonial history and religion 1st & 14th amendments: Prohibit the establishment of religion Prohibit any arbitrary interference by government (free exercise of religion)
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Separation of Church and State
The Establishment Clause: The separation of church and state Controversial Issues: Churches are tax-free Oaths Beginning government sessions with prayer National anthem and currency Emerson v. Board of Education (1947): Public, tax-supported busing of students attending any school in the state, including parochial schools. Released Time: Public schools must release students from school to attend religious classes.
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Church and State (Continued)
Prayers and the Bible Student Religious Groups Evolution Seasonal Displays Chaplains in Congress and the state legislatures Tax Exemptions State aid to parochial schools
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The Lemon Test Lemon v. Kurtzman (1971): The Lemon Test:
The purpose of the aid must be clearly secular, not religious Its primary effect must neither advance nor inhibit religion It must avoid an excessive entanglement of government and religion
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The Free Exercise of Religion
The Free Exercise Clause: The right to believe whatever that person chooses to believe in matters of religion Restrictions: Cannot violate criminal laws, offend public morals, or threaten the health, welfare, or safety of the community Polygamy, school vaccination, snakes, “blue laws,” etc.
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