Unit 5 1 Civil Liberties Free Religion

Alien Terrorists have arrived!!!
The United States has been invaded by hostile forces from an extraterrestrial, terrorist organization, and the federal government has been over thrown.
The leader of the new government is a dictator, but will allow American citizens to retain five fundamental liberties guaranteed by the Constitution.
Select the five fundamental rights that are most important to you.

Rights and Freedoms
Right to bear arms
Freedom of speech
Right to legal council (a lawyer)
Protection from cruel and unusual punishment
Freedom of press
Right to jury trial
Freedom of religion
Right to protest
Protection from self-incrimination (‘I plead the 5 th ’)
Protection from unreasonable searches and seizures (police need a warrant, etc…)

Civil Liberties “ Freedom of Religion”

1 st Amendment
“ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

FIRST AMENDMENT AND RELIGION
FREE RELIGION
It is one the central concepts of our democracy. Our country was founded on freedom of religion
1st and the 14th AMENDMENTS
both guarantee religious freedom
at federal and state level

FIRST AMENDMENT AND RELIGION
Prohibits the establishment of religion by the government
(establishment clause)
Prohibits any arbitrary interference by the government with the “free exercise” of religion.
(free exercise clause)

ESTABLISHMENT CLAUSE
“ Congress shall make no law respecting an establishment of religion

FIRST AMENDMENT AND RELIGION “ establishment clause”
ESTABLISHMENT CLAUSE
sets a separation between government and religion;
yet government and religion do cross paths.
Most “establishment clause” cases involve religion and education .

How do they determine what is or is not separation of church and state?
Three ways to interpret the “establishment clause:”
Broad interpretation
Narrow interpretation
Literal interpretation

Broad interpretation
Absolutely no government aid will be given to religion-except for usual police, fire protection, but tax dollars will not go to support religion in any form or fashion
Narrow interpretation
As long as the government does not give preference to one kind of religion over another, it is accepted.
Literal interpretation
As long as the government is not establishing a mandatory state church that everyone has to attend, then the aid is acceptable.

LEMON v KURTZMAN - 3 pronged test
helps the Court determine what is a violation of the establishment clause.
“ Lemon Test”
Purpose of government assistance must be clearly NON-religious
Its affect must not promote or prohibit religion.
Government must avoid an “excessive government entanglement” with religion.

A state law requires that the Ten Commandments be posted in each public school classroom.
Violates the establishment clause
Doesn’t violate the establishment clause

The state of Texas is given a monument to the Ten Commandments outside the Capitol. It is one of many statues given to the state outside the Capitol.

Enter question text...

A county court-house has a nativity scene placed on the steps of the court-house. The natitivy scene is stored at a local county owned storage facility.
Violates the etablishment clause
Doesn't violate the establishment clause

TAX SUPPORTED BUSES FOR PRIVATE SCHOOLS:
EVERSON v. BOARD OF EDUCATION
A state law in New Jersey provided public tax money
Busing all students, including those who went to religious schools
Those who challenged said that freed the religious schools of transportation money needed and allowed them to spend the money for religious purposes.
The courts said the New Jersey law did not overstep the “establishment clause” because the bus system benefited the safety of all the children.
They upheld the law as constitutional .

A state law authorizes a one-minute period of silence in all public schools for meditations or voluntary prayer

PRAYER IN SCHOOLS
ENGLE v. VITALE (1962)
Can’t start the day with even a “voluntary” prayer. The state of New York wrote the prayer and the students had to hear it everyday.
WALLACE v. JAFFREE (1985)
can’t have a moment of silence specifically stated for “prayer.” in school. “Moment of silence” is still allowed.

STUDENT RELIGIOUS GROUPS:
WESTSIDE COMMUNITY SCHOOL v MERGENS : (1984 &1985)
School must not lead or direct a religious club it does permit student initiated and student led clubs after or before school, on the campus, this is allowed to all clubs in schools.

http://wheels.blogs.nytimes.com/2009/11/11/i-believe-license-banned-by-judge/?hp

A state government pays a chaplain to open each legislative session with a prayer

PRAYER AND LAWMAKING BODIES (1983)
history and tradition make this acceptable according to the courts
adults are not subject to the ridicule that a student might be subject to
therefore it has be upheld as constitutional.

Free Exercise of Religion
‘ Free exercise’ Clause
Practice any religion as you see fit
Should there be any limits to ‘free exercise’ ???

FREE EXERCISE CLAUSE
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

FREE EXERCISE CLAUSE
Prohibits the government from punishing someone on the basis of the person’s religious beliefs
Court has defined a religious belief as “a belief that must occupy a place in the believer’s life parallel to that occupied by orthodox religious beliefs” ( US v. Seeger )
Court may not declare a religious belief to be false, but may determine whether the person is sincere in asserting a belief
Religious beliefs may never be prescribed ore coerced by the state (i.e. religious oaths for governmental jobs are prohibited)
The state may regulate and even ban actions or practices that grow out of religious beliefs

The Sherbert Test
The Sherbert Test (1963) consists of four criteria that are used to determine if an individual's right to religious free exercise has been violated by the government.
First of all:
Does the person has a claim involving a sincere religious belief?
Is the government action is a substantial burden on the person’s ability to act on that belief?
If these two elements are established, then the government must prove
that the government has a "compelling state interest"
that the government has pursued the “interest” in the manner least restrictive, or least burdensome, to the religion

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Unit 5 1 Civil Liberties Free Religion

by David Osman on Jul 10, 2008

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Unit 5 1 Civil Liberties Free Religion — Presentation Transcript