1. 1 ST AMENDMENT Freedom of Religion

2. 2 RELIGION CLAUSES Establishment Clause Free Exercise Clause

3. 1)ESTABLISHMENT CLAUSE The government may not pass laws establishing any official religion There must be a SEPARATION OF CHURCH AND STATE

4. Landmark Establishment Case Lemon v. Kurtzman Public money can be used in parochial schools for SECULAR purposes only (like books). THE LEMON TEST determines if something in the school is religious or not

5. The Lemon Test 1. Does the law have a SECULAR legislative purpose? 2. Does the PRIMARY EFFECT of the law neither advance nor inhibit religion? 3. Does the law foster an EXCESSIVE GOVERNMENT ENTANGLEMENT with religion?

6. The Lemon Test If the law does not satisfy ALL THREE questions, it is unconstitutional If you can answer “NO” to #1 or #2, it is in violation of the 1 st Amendment If you can answer “YES” to #3, it is in violation of 1 st Am.

7. 2)Free Exercise Clause We have the right to hold any religious belief We may practice our beliefs up to a point *no child sacrifice *Timothy Leary

8. The Sherbert Test 1. Has the religious freedom of a person been infringed by a government action? 2. If so, is there a “compelling state interest” to justify it? 3. Is there any other way the government can be satisfied without restricting freedom?

9. The Sherbert Test If you can answer “NO” to #2, the law is unconstitutional If you can answer “YES” to #3, the law is unconstitutional