1. How much do you remember about the beginning of the year???  Who argued for a Bill of Rights to be added to the Constitution?  What IS the Bill of Rights, and what is the purpose of it? Let’s start at the beginning… with the First Amendment!

2.  The First Amendment protects our freedom of:  Religion  Speech  Press  Assembly

3.  Believe it or not, it was not until 1925 that the Supreme Court had to begin the process of applying the First Amendment to the activities of state and local governments!  NO level of government would be able to deny citizens the freedom to enjoy these basic liberties of free speech, press, and religion.

4.  Many people filed suits in federal courts claiming that state and local government activities infringed upon these freedoms. Supreme Court had to define the meaning of these words and figure out when specific actions taken by these governments denied citizens their fundamental liberties.

6. Before a Friday night high school football game, a group of students leads the stadium crowd in prayer. Is this constitutional? How are decisions like this made? Well….we need to look at the Constitution!

7. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... ” Establishment Clause - “Congress shall make no law respecting an establishment of religion…” What does this actually mean?  Separation of Church and State  Prohibits establishment of a national religion  Prohibits the preferential treatment of one religion over another

8. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... ” Free Exercise Clause- “Congress shall make no law… prohibiting the free exercise thereof…” What does this actually mean?

9.  Why was this so important to our Founding Fathers? Our freedom of religion is the very first sentence in the very first amendment in the Bill of Rights. WHY???

10.  Just as I asked you to interpret the meaning of the these words, the Supreme Court has had to do the same thing!  They have developed tests to determine when citizens are afforded protection by the provision in the First Amendment. Today our focus will be on the Establishment Clause of the First Amendment (Freedom of Religion).

11. Established during Lemon v. Kurtzman (1971)  Consists of 3 Prongs Must have a secular (non-religious) legislative purpose (Lay) Must not result in an "excessive government entanglement" with religion. (Easily Monitored) Must not have the primary effect of either advancing or inhibiting religion (Openly Neutral) If the statute fails any of the three prongs, it has violated the Establishment Clause.

12.  Student led prayer before football games  State funding to parochial schools  Mandated prayer in public schools  Requiring schools to teach creationism alongside evolution  Displaying a city-funded Nativity scene  Displaying a Christmas tree in city hall  National Prayer Day

13. Prayer in Congress

14. Free Exercise Clause- the government cannot prohibit the free exercise of religion What exactly does this mean?

15.  Establishment Clause – deals with court cases that involve government policies aiding religion.  Free Exercise Clause – deals with court cases that involve government policies burdening religion.  Most do not discriminate against a particular religion directly but impose a hardship when applied to certain groups.

16.  The freedom of belief is an ABSOLUTE right in the Bill of Rights.  BUT belief can involve action, which the government can regulate  Can’t use religion as a justification for a crime  Free exercise class DOES NOT protect actions that are violation of social duties or actions that are contrary to society’s interests.

17.  Examples of what the Court has said:  Religious belief in human sacrifice does not exempt you from murder.  Children must be vaccinated against parents’ religious beliefs.  Can’t use poisonous snakes in ceremonies.  Can’t deny children medical help because of religious beliefs.

18.  Does the law target a particular group or individual?  Beliefs must be “sincerely held” – weigh interest of the individual against the government’s interest.  Individuals must prove that the government is forcing them to violate their beliefs.

19.  Violations of Free Exercise:  Unemployment Benefits – Can’t deny these to people who quit jobs (7 th Day Adventists – no Saturday work)  Compulsory Education – Amish beyond the 8 th grade  Use of peyote by American Indians in rituals

20.  Non-Violations (Compelling State Interest)  Conscientious Objectors – government interest in a uniform draft outweighs anti-war belief  Social Security – can make Amish pay social security even though they never take it.  Racial Discrimination – can deny tax exempt status to private schools that practice racial discrimination  Military dress – can force men to remove yarmulke.

21.  Lukumi Babalu Aye, Inc. v. Hialeah (1993) The city of Hialeah, Florida enacted a series of ordinances to ban animal sacrifice shortly after a Santeria church announced plans to open in the city. Court ruled that ordinances were unconstitutional because they targeted the church specifically  Employment Division v. Smith (1990) Members of a Native American Church were fired from their jobs and were refused compensation for ingesting peyote, a powerful entheogen, as part of a religious ceremony. Court ruled in favor of the state because the state laws against drug use applied to all citizens, and were not directed at the Native American religious practice

22.  Texas Polygamist Compound Texas Polygamist Compound  While the government cannot prohibit the free exercise of religion, people are not free to worship in ways that violate laws protecting the health, safety, or morals of the community.

23.  Hmmm…what about these:  Public officials take an oath of office in the name of God  “In God We Trust” is on our money!  Church property and contributions are exempt from taxes  Sessions of Congress begin with a prayer  Should the Establishment Clause prohibit these practices?

24.  Strict separationists oppose ANY commingling of church and state functions  Accommodationists believe that at times government should make allowances for the role of religion in society  Otherwise, government would be hostile to religion and risk violating the Free Exercise Clause!

25.  Strict Separation: Stevens, Souter, Ginsberg, Breyer  Prevents government from providing any aid to religion whatsoever  No tax money for religion  Can give religion same services as anyone else (fire, police, etc.)  Can provide assistance that makes it easier for people to practice  The notion of a high “wall” of separation between church and state

26.  Accommodation – Rehnquist, Scalia, Thomas  Only prohibits the establishment of an official government religion  Wouldn’t prohibit the government’s participation in religious practices  OK for the state to participate in Christmas celebrations as long as we don’t declare Christianity the official state religion.  The purpose of the Establishment Clause is not to erase religion – just can’t make it official. Thus, vouchers, moments of silence, faith-based initiatives are OK.  Test: As long as government isn’t establishing an official religion, it can aid religion in an unbiased way.

27.  Government Neutrality – O’Conner, Kennedy, Breyer  Government can support religion in general so long as it does not give one religion preferential treatment.  “In God We Trust” is OK on coins; non- denominational prayer is OK.  Government can’t be hostile to religion or violate the Free Exercise Clause.  Test: In between Strict and Accommodation – Government should be neutral to religion – the LEMON test

28.  Parochiad: funding to religious schools  Bus transportation to parochial schools OK  Parochial teachers can NOT be paid with state funds  Federal grants CAN be used to erect buildings at religiously affiliated colleges as long as the buildings are not used for religious purposes.

29.  School Prayer – most controversial!  Banned use of prayer written by NY State  Overturned PA ruling requiring the reading of the Lord’s Prayer  Overturned KY law requiring copies of Ten Commandments posted in public schools  Moment of silence law in Alabama unconstitutional  Prayer can’t be part of graduation ceremony

30.  Equal Access  Forbids teacher involvement  If school allows use of building after hours for non- religious purposes, then must for religious groups but not for religious purposes  Evolution  Cannot prohibit teaching of evolution

31.  Holiday Displays  Can have a nativity scene if it includes secular symbols as well like Santa and his reindeer  Pittsburgh – OK to have a Christmas Tree, Menorah, and Kwanzaa display – because it is cultural  BUT cannot have a nativity scene inside the County Building without secular symbols because it implies government endorsement of religion.  Prayer in Legislation  Allowed in Congress – historical roots of legislative bodies and these are adults, not children

32.  Sunday Closing Laws  Serve a secular purpose of creating a uniform day of rest and relaxation  Tax Exemption  Government’s “benevolent neutrality” towards religion, not its official support.

33.  How many parts does the Lemon Test have?  Name one of the two 1 st Amendment clauses on freedom of religion  Which clause prohibits the establishment of a national religion?  Which clause separates church and state?  What does “secular” mean?  Which clause allows people to practice religion without restraint as long as they do not violate state or federal laws?