FREEDOM OF FREEDOM OF RELIGIONRELIGION

Freedom of ReligionFreedom of Religion • Establishment Clause: “Congress shall

make no law respecting an establishment of religion”

• Builds a “wall of separation” (Thomas Jefferson) between Church & State

• Free Exercise Clause: “…or prohibiting the free exercise thereof”

• Prohibits government from unduly interfering with the free exercise of religion

MONEY & THE PLEDGE OF MONEY & THE PLEDGE OF ALLEGIANCEALLEGIANCE

• “IN GOD WE TRUST”• “ONE NATION UNDER GOD”

The Establishment Clause The Establishment Clause & Parochial Schools& Parochial Schools

• Schools operated by a church or religious group

• New Jersey law allowing the state to pay for busing students to parochial schools? (Everson v. Board of Education 1947)

• State programs to provide secular (non-religious) textbooks to parochial school? (Board of Education v. Allen 1968)

• State supported buses to and from field trips? (Wolman v. Walter 1977)

• Yes, Yes & No

The Lemon TestThe Lemon Test (1971)(1971)

1. Have a clear, secular/non-religious purpose

2. In its effect neither advance nor inhibit religion

3. Avoid “excessive entanglement with religion”

Do the following violate the Establishment Clause?

• Can parents deduct tuition, textbooks, and transportation to and from school from their state income tax? (Mueller v. Allen 1983)

• Yes• Can taxpayer funds be used to provide religious schools with

computers, library books, tvs, etc. as long as they are not used for religious purposes? (Mitchell v. Helms 2000)

• Yes• Can NY state create a school district solely for the benefit of

a community of Hasidic Jews (Kiryas Joel v. Grumet 1994)?• NO

School Prayer Case

• Can public schools let students lead stadium crowds in prayer before football games? (Santa Fe Independent School District v. Doe 2000)

• NO

Equal Access ActEqual Access Act • Allows public high schools receiving federal

funds to permit student religious groups to hold meetings in the school

• Westside Community Schools v. Mergens (1990)• “Although a school may not itself lead or direct a

religious club, a school that permits a student-initiated and student-led religious club to meet after school, just as it permits any other student group to do, does not convey the message of state approval or endorsement of that particular religion” Justice Sandra Day O’Connor (1990)

The Free Exercise ClauseThe Free Exercise Clause

• Belief vs. Practice• The right to religious belief is absolute• Restrictions have been applied to practice• Can restrictions be made when religious

practices conflict with criminal laws?• YES: Reynolds v. U.S. (1879), polygamist

with 2 wives • Wisconsin v. Yoder (1972): the state could

not require Amish parents to send their children to public school beyond 8th grade

The Flag Salute CasesThe Flag Salute Cases

• Minersville School District v. Gobitris (1940) vs. West Virginia State Board of Ed v. Barnette (1943)

• Lilian & William Gobitris expelled from school for refusing to salute the flag

• Court ruled: flag was a patriotic symbol & requiring the salute didn’t infringe on religious freedom

• W. Virginia: ALL public schools MUST have classes in civics, etc.

• Board of Ed. Follows with a law requiring ALL students & teachers to salute the flag & pledge of allegiance

• Overturns Gobitis decision & held such laws an Unconstitutional interference with free exercise of religion