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Ch 19 Sec 2 Religion
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Ch 19 Sec 2 Religion


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  • 1. Freedom of Religion Chapter 19 Section 2
  • 2. Topics
    • The Establishment Clause
    • Lemon vs. Kurtz, 1971
    • The Free Exercise Clause
  • 3. The First 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.
  • 4. I. The Establishment Clause
    • The Establishment Clause
    • Establishment and Education
    • Release Time
    • School Prayer
    • Student Groups
    • Evolution
  • 5. A. The Establishment Clause
    • “ Congress shall make no law respecting the establishment of religion….”
      • Christianity has many interpretations
      • Prevents the adoption of a national religion
      • Insures a separation of Church and State
    • The U.S. still has a religious history
      • Predominantly Christian
      • Has changed with immigration
  • 6. B. Establishment and Education
    • Everson vs. Board of Education,1947
      • Issue : Can a state fund busing of students to parochial schools?
      • Yes, it was in the interest of the state to protect children. (Student safety in Busing)
      • Affirmed that not all forms of state and federal aid to church related schools are outlawed.
  • 7. C. Release Time
    • McCollum vs. Board of Education, 1948 .
      • Issue : Can students be released from public school for religious instruction?
      • Classrooms could not be used for religious instruction.
      • Use of Classrooms implied endorsement.
    • Zorach vs. Clauson,1952
      • Release time was allowed if instruction was off campus.
  • 8. D. School Prayer.
    • Engele vs. Vitale,1962
      • No state endorsed prayers.
    • Abington School District vs. Schemp, 1963
      • Required Bible reading and prayer were not allowed.
    • Stone vs. Graham, 1980
      • No displays of the 10 Commandments
    • Wallace vs. Jaffree, 1985 .
      • No moment of silence
  • 9. E. Student religious Groups
    • Equal Access act of 1984
      • Any school that receives federal funds, must allow student religious groups to meet on campus.
    • Court has upheld this several times.
      • Westside community schools vs. Mergen, 1990
      • Good News Club vs. Milford Central school, 2001.
  • 10. F. Evolution
    • Ok to teach evolution as a theory.
    • Equal time for Creationism is not.
  • 11. What does it mean???
    • It is not unconstitutional to pray in school
    • School led prayer implies state endorsement
    • No religious action can be endorsed by the school
    • You can still study the Bible if it is secular in nature.
  • 12. II. The Lemon Test
    • Lemon vs. Kurtz 1971
    • The Lemon Test
    • Aid to Parochial Schools.
    • Seasonal displays
    • Chaplains
  • 13. A. Lemon vs. Kurtz 1971
    • Pennsylvania law allowed for public payment of parochial schools teacher salaries, books, and supplies.
    • Court argued that sponsorship, financial support, and involvement in religious activity violated the establishment clause.
  • 14. B. The Lemon Test
    • This decision attempted to develop a test to determine violations of the establishment clause.
      • First : law must have a secular purpose.
      • Second : it must have the effect of neither inhibiting or advancing a religion.
      • Third : it must not foster excessive government entanglement with religion.
  • 15. C. Aid to Parochial Schools.
    • All aid to parochial schools should (???) pass the Lemon test.
    • Mueller vs. Allen, 1983.
      • Can parents claim a tax deduction for tuition to private schools.
      • Yes, it benefits all parents.
    • Court does allow states to pay for tests, grants for sex education, interpreters.
  • 16. D. Seasonal Displays.
    • Lynch vs. Donnelly, 1984: can a display of the nativity be placed in city hall?
      • No, cannot endorse one religion over others.
    • Alleghany vs. ACLU, 1984
      • Multiple religious displays from several religions are ok.
  • 17. F. Chaplains
    • Legislatures often open a session with a prayer.
    • Acceptable for two reasons.
      • A practice since colonial times
      • Legislators are not impressionable children.
  • 18. III. The Free Exercise Clause.
    • Free Exercise Clause
    • Reynolds vs. United States. 1879.
    • Limits on Free Exercise
    • Free Exercise protected.
    • A standard???
    • Issue of Flag salute.
  • 19. A. Free Exercise Clause
    • The Free Exercise clause allows us to believe and worship as we wish.
      • But what about about religious action ?
      • In general the court supports an absolute right to belief.
      • The issue of Practice is different.
  • 20. B. Reynolds vs. United States. 1879.
    • Reynolds vs. United States, 1879 .
      • Could a Mormon be Polygamous?
      • Believe it, yes.
      • Practice, no.
    • Congress has power to punish violations of social duties or subversive good order.
  • 21. C. Limits on Free Exercise
    • Practice is allowed as long as health safety and morals of general public are protected.
    • Jacobson vs. Massachusetts. 1905
      • State laws requiring vaccination were upheld
    • Bunn vs. North Carolina, 1949.
      • Forbid use of poisonous snakes in religious rites.
    • Lukumi Babalu Aye vs. City of Hialeah, 1993.
      • City ordinance against animal sacrifice
      • Court ruled against ordnance
  • 22. D. Free Exercise protected.
    • Wisconsin vs. Yoder. 1972
      • Amish were not required to attend public schools after 8 th grade.
    • Ministers can hold public office.
  • 23. E. Does a standard exist?
    • Court wants to protect “ those beliefs rooted in religion”.
      • What does that mean?????
  • 24. Issue of Flag salute.
    • Minnersville School district vs. Gobitis, 1940.
      • School district has mandatory flag salute.
      • Gobitis believed this was a violation of his religion.
      • Commandment against idolatry.
      • Court upheld flag salute as promoting patriotism.
  • 25. Continued
    • West Virginia B of E vs. Burnette, 1943.
      • Another compulsory flag salute case.
      • Court reversed decision.
      • Why?
  • 26. Terms
    • Establishment Clause
    • Free Exercise Clause
    • Parochial
    • The Lemon Test
    • Everson vs. Board of Education,1947
    • McCollum vs. Board of Education, 1948 .
    • Zorach vs. Clauson,1952
    • Equal Access act of 1984
    • Lemon vs. Kurtz 1971
    • Reynolds vs. United States. 1879
    • Jacobson vs. Massachusetts. 1905
    • Wisconsin vs. Yoder. 1972
  • 27. In summary
    • Explain the establishment and free exercise clause.
    • How have establishment cases involved schools?
    • Explain the lemon test.
    • How has free exercise been limited?
    • How has free exercise been protected?