1. Chapter 19: Civil Liberties: First Amendment Freedoms Section 2

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Objectives
Examine why religious liberty is protected in the Bill of Rights.
Describe the limits imposed by the Establishment Clause of the 1st Amendment.
Summarize the Supreme Court rulings on religion and education as well as other Establishment Clause cases.
Explain how the Supreme Court has interpreted and limited the Free Exercise Clause.
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Key Terms
Establishment Clause: the clause in the 1st Amendment that prohibits the government from establishing a religion
Free Exercise Clause: the 1st Amendment clause that bans government from interfering with the free practice of any religion
parochial: church-related
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Introduction
How does the 1st Amendment protect the freedom of religion?
The Establishment Clause of the 1st Amendment bans Congress from passing any law to establish a religion.
The Free Exercise Clause bans Congress from preventing anyone from freely practicing their own religion.
The 14th Amendment extends these bans to the state governments.
Cantwell v. Connecticut - Jehova’s Witnesses
Engel v. Vitale(1962) - School led, Non-denominational prayer prohibited by the Establishment Clause
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Religious Freedom
Support for religious freedom was partly a rejection of colonial government-sponsored churches.
In 1786 Thomas Jefferson wrote the Virginia Statute for Religious Freedom, influencing the 1st Amendment.
Jefferson said the 1st Amendment created a “wall of separation between church and state.”
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Church and State
The federal government does not support a specific religion, but does encourage religion in general.
Most religious property and contributions to religions are not taxed.
Oaths of office, the national anthem, and U.S. coins and currency make reference to God.
The exact limits of the Establishment Clause remain controversial.
Article VI - no religious test
Pierce v. Society of Sisters (1925) - struck down a law in Oregon that required parents to send children to public school
Intent was to eliminate all parochial schools
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7. Religion and Public Schools
Most Supreme Court rulings on the Establishment Clause have involved religion and education.
The Court has ruled that public school students may be released during school to attend religious classes, but only if those classes are held in private places off school grounds.
The Court has allowed states to fund bussing for parochial as well as public schools, as a safety measure.
Release time - Zorach v. Clauson,1952 New York religious class was held in private facility, McCollum v B or Ed Illinois public facility could not be used.
NOTES TO TEACHER: The first dash refers to the decisions in McCollum v. Board of Education, 1948 and Zorach v. Clauson, The second dash refers to the decision in Everson v. Board of Education, first case involving the Establishment Clause
Important to protect children regardless of the school they attend
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School Prayer
Checkpoint: According to the Supreme Court, how does state-sponsored support of prayer in schools violate the 1st Amendment?
The Court has found in seven major cases that the 1st Amendment requires the government to neither aid nor oppose religion.
This means schools cannot sponsor religious exercises such as prayer.
Checkpoint Answer: Public schools are state sponsored institutions, and as such they are not allowed to promote (aid) or oppose religion, so they may not sponsor prayers in school.
Engel v. Vitale New York state non-denominational prayer in the public schools prohibited
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School Prayer, cont.
The Court has banned mandatory prayers to start school, posting of the Ten Commandments in classrooms, and school-sponsored prayers at graduations and football games.
Students can pray as individuals in school and at school events.
NOTE FOR TEACHERS: The bullet refers to the decisions in the 1963 cases Abington School District v. Schempp and Murray v. Curlett (prayers to start school), Stone v. Graham, 1980 (Ten Commandments in classrooms), and Lee v. Weisman, 1992 and Santa Fe Independent School District v. Doe, 2000 (no school-sponsored prayers at graduations and football games, respectively)
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Other School Issues
The Equal Access Act of 1984 requires public high schools to let student religious groups meet at school like other student clubs, or organizations
The Supreme Court has ruled that this law applies to grade schools as well.
The Supreme Court has ruled that states cannot ban the teaching of evolution in public schools or require the teaching of creation science.
NOTE TO TEACHERS: The first bullet and sub-entry refer to Westside Community Schools v. Mergens, 1990 and Good News Club v. Milford Central School, 2001, respectively. The two evolution cases related to the second bullet are Epperson v. Arkansas, 1968 and Edwards v. Aguillard, 1987.
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Parochial Schools
Several states provide public financial aid to parochial schools.
Supporters argue that parochial students would otherwise be educated at public expense and that their parents pay taxes to support public schools.
Opponents argue that parents could send their children to public schools and that funding parochial schools amounts to government sponsorship of religious teaching.
Voucher program - Some argue that creationism taught as a science should not be supported with tax dollars. (Louisiana law required the teaching of Creationism if the school also taught the theory of Evolution - Struck down)
Many Muslim schools have taken advantage of the voucher system and have grown more than other Christian schools
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The Lemon Test
Checkpoint: What is the purpose of the Lemon test?
This is a three-part test used to decide if a state law establishes a religion.
It is usually applied to determine if state aid to parochial schools is constitutional.
The test comes from the 1971 Lemon v. Kurtzman case, where the Court struck down state financial aid to parochial schools in Pennsylvania.
Checkpoint Answer: To determine if state aid to parochial schools is constitutional under the laws separating church and state.
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The Lemon Test, cont.
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14. Examples of the Lemon Test
The Court usually finds public aid for church- related schools to be unconstitutional:
It has banned using taxes to pay for teacher salaries, field trips, school districts set up for a religious community, or to reimburse parents for parochial tuition.
The Court has allowed states to give tax deductions or tuition vouchers to parents who send children to private schools, which may include parochial schools.
NOTE TO TEACHERS: The first dash refers to Wolman v. Walter, 1977 (field trips) and Grand Rapids School District v. Ball, 1985 (teacher salaries), Board of Education of Kiryas Joel v. Grumet, 1994 (a special school district for a Hasidic Jewish community), and Committee for Public Education and Religious Liberty v. Nyquist (tuition reimbursement). The second dash refers to Mueller v. Allen, 1983 and Zelman v. Simmons-Harris 2002
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Public Displays
Are government- sponsored chaplains, seasonal displays, or displays of the Ten Commandments constitutional?
The Supreme Court has given different rulings on displays, depending upon how they promote religion.
Field Trips prohibited, paying parochial teachers’ salaries prohibited
Ten Commandments at Texas State Capitol Building - does not violate other historical and cultural markers and went unchallenged for 40 years.
Kentucky county courthouse display of the Ten Commandments - impermissable endorsement of religion by government
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Pubic Displays, cont.
A Christmas tree sparkles in front of the California State Capital.
The Court has ruled that “government may celebrate Christmas in some manner and form, but not in a way that endorses Christian doctrine.”
But, as long as it accompanies other secular displays and other religious displays of other religions are permitted as well.
Cty of Alleghany v ACLU - blatantly endorsing Christianity - display celebrating birth of Jesus and “Glory to God in the Highest” with no other religious or non religious displays.
In Pittsburgh v. ACLU - Xmas tree, menorah and a sign endorsing freedom of religion
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Public Displays, cont.
A chaplain offers the opening prayer in both houses of Congress and most State legislatures.
The Court has ruled that this practice, unlike organized prayer in public schools, is constitutionally permissible.
Article VI, Paragraph - ‘no religious test’ for persons running for political office
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18. Limits on Exercise of Religion
Checkpoint: What acts are not protected by the Free Exercise Clause?
No government law or action can deny a person the right to hold any religious beliefs that they wish.
However, no one has the right to break criminal laws, offend public morals, or threaten public safety while practicing their religion.
Checkpoint Answer: The Free Exercise Clause does not protect the right to offend public morals, break criminal laws, or threaten public safety.
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Protections
The Supreme Court has often ruled that the Free Exercise Clause only applies to beliefs rooted in religion.
The Court has struck down laws requiring a license to raise money for religious causes.
The Court has ruled that Amish children do not have to attend school past the 8th grade and that Jehovah’s Witnesses do not have to salute the American flag due to the beliefs of each religious group.
NOTE TO TEACHERS: The first dash refers to the cases Cantwell v. Connecticut, 1940 and Watchtower Bible and Tract Society v. Village of Stratton, 2002.
The second dash refers to Wisconsin v. Yoder, 1972 (Amish) and Minersville School District v. Gobitis, 1940 and West Virginia Board of Education v. Barnette, 1943 (Jehovah’s Witnesses).
Saluting the flag is seen as idolatry - a Virginia Board of Education case - parent takes school board to court over forcing his son to salute the flag.
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Review
Now that you have learned how the 1st Amendment protects the freedom of religion, go back and answer the Chapter Essential Question.
How can the judiciary balance individual rights with the common good?
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