Freedom of religion


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Chapter 19 - Section 1 and 2 Notes

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Freedom of religion

  1. 1. Jumpstart Assignment <ul><li>Describe the political cartoon below. </li></ul>
  2. 2. Fundamental Freedoms: The 1 st Amendment Chapter 19
  3. 3. Civil Liberties <ul><li>Basic freedoms that are protected from government violation. </li></ul><ul><li>Are rights unlimited? </li></ul><ul><li>Civil Liberties vs. good of the public </li></ul>
  4. 5. The 14 th Amendment <ul><li>14 th Amendments “Due Process Clause” – “No State shall…. Deprive any person of life, liberty, or property, without due process of law…..” </li></ul><ul><ul><li>This clause has been used to apply the Constitutional protections of the Bill of Rights to the States. </li></ul></ul>
  5. 6. Freedom of Religion <ul><li>Establishment Clause: “Congress shall make no law respecting an establishment of religion.” </li></ul>
  6. 7. A “wall of separation between church and state”?
  7. 8. How would you describe the wall?
  8. 9. Establishment Clause (continued) <ul><li>Religion in Public Schools </li></ul><ul><ul><li>Engel v. Vitale (1962) – the Supreme Court outlawed the use of a recited prayer in New York schools </li></ul></ul>
  9. 10. Can public high school football players pray before a game? <ul><li>Santa Fe School District vs. Doe (2000) </li></ul><ul><ul><li>Supreme Court struck down a Texas High School student led prayer </li></ul></ul>
  10. 11. Can student religious groups meet on school property? <ul><li>Westside Community Schools vs. Mergens (1990) – public schools must allow student religious groups to meet in the school on the same terms that it sets for other student organizations. </li></ul>
  11. 12. Can schools give kids “release time” to have religious classes? <ul><li>McCollum v. Board of Education (1948) – not in public facilities. </li></ul><ul><li>Zorach v. Clauson (1952) – it’s okay as long as it’s on private property. </li></ul>
  12. 13. Establishment Clause (continued) <ul><li>Government Aid for Religion </li></ul><ul><li>Lemon v. Kurtzman (1971) – government laws must </li></ul><ul><ul><li>Have a nonreligious purpose </li></ul></ul><ul><ul><li>Neither advance nor limit religion </li></ul></ul><ul><ul><li>Not result in excessive government involvement with religion </li></ul></ul>
  13. 14. Free Exercise Clause <ul><li>“ Congress shall make no law… prohibiting the free exercise” of religion </li></ul><ul><li>Supreme Courts view: religious practices may be restricted if they threaten the health and safety of others or if they violate social standards. </li></ul>
  14. 15. Free Exercise Case Studies: <ul><li>Can Amish school children end at 8 th grade despite a state law which requires students to go until they are 16? Wisconsin v. Yoder </li></ul><ul><li>Can you smoke an illegal drug as part of a religious service? Oregon v. Smith </li></ul><ul><li>Can a school suspend a student for not saluting the U.S. flag even though the school requires it? West Virginia v. Barnette </li></ul><ul><li>Can you sacrifice animals as part of a church service? Lukumi Babalu Aye v. City of Hialeah </li></ul>