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Published byHorace Shields Modified over 9 years ago
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Freedom of Religion
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Establishment Clause Establishment Clause- “Congress shall make no law respecting an established religion” Free Exercise Clause- prohibits government from unduly interfering with the free exercise of religion. Seem clear- but even today is blurred Are Christians rights being violated?
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Establishment Clause In Jefferson’s view- clause created a “wall” that separated church and state. Does this mean church and state can have no connection at all? How high a wall? Pledge Oath of office Public/city meeting open with prayer Controversial in today’s society
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Everson v Board of Education Bussing of children to parochial schools State law paid for this transportation Challenge- state support of a religion. Constitutional- law benefited students not religion ***Key to establishment clause” Government cannot pick or favor one religion or aid any religions.
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Parochial Schools Constitutional state aid- 3 part test 1. Secular non-religious 2. Effect is neutral in regards to religion 3. Avoids excessive “entanglement” in religion on part of government. Secular/ non religious text books Computers/ school supplies Benefits to students
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3 Decisions Prayer and bible reading in schools Engel v Vitale Prayer developed and used in school district Prayer ruled unconstitutional Abington School Dist v Schempp Murray v Curlett School sponsored prayer / bible reading unconstitutional – pre-game prayers
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Religion and School Law in Congress in 1984 permitting student/religion groups to meet in public schools. Ruled constitutional as long as school members not part of Theory of Evolution- “Scopes Monkey Trial” Cannot ban theory of evolution and cannot teach creationism. Controversial
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Other Issues Christmas displays in public parks/squares School celebrations- Christmas or other holidays Ban on school prayer did not extend to government meetings Did it in colonial times and was not trying to indoctrinate students or people.
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Free Exercise Clause Court makes distinction between belief vs practice of religion or religious activities Mormons- polygamy Practices cannot violate law Vaccination requirements Some exceptions- Amish and public school attendance Right or wrong
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Flag/Pledge Requirements today Cannot have prayer- moment of silent reflection Cannot force or punish students for pledge
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