FREEDOM OF (AND FROM) RELIGION

Ist Amendment

Is separation of church and state possible? Abortion Gay Marriage Polygamy Capital Punishment Prayer in Schools Posting the Ten

Commandments Cloning Evolution

Stem Cell Research Suicide/Right to Die School Vouchers Presidential Oath Bibles in School Swearing in on the

Witness Stand Pledge of Allegiance “In God We Trust”

For Religion… the 3 R’s

Rights

Responsibility

Respect

Two Guarantees

The Establishment Clause- the government won’t set up any religion (Lemon Test)

The Free Exercise Clause- the government won’t stop people from practicing their religion (Sherbert Test)

The Lemon Test

To see if laws/actions violate the establishment clauseDoes the law/action have a non-religious

purpose?Does the law/action neither promote or deny

religion? (is it neutral)Does the law/action avoid excessive

entanglement of government and religion?

The Lemon Test A new private Catholic

school opens in Quakertown and would like to get some money from the state of Pennsylvania to buy supplies for a chemistry lab. If Pennsylvania gives money to the private school would that violate the Lemon Test and the establishment clause?

Does the law/action have a non-religious purpose?

Does the law/action neither promote or deny religion? (is it neutral)

Does the law/action avoid excessive entanglement of government and religion?

The Sherbert Test

Determines what individual religious actions can be bannedIs it a real teaching of the religion?Is the person really a PRACTICING member

of the religion?Is the government concern significant?Can the government address it’s concern in

another way?

The Sherbert Test Kenny decides to start a

new religion which believes that five day school weeks is unethical. All his friends join this religion and then claim they cannot attend school on Fridays (and some Mondays) because it violates their religious beliefs. Quakertown’s school board forces them to attend school, does this violate their free exercise rights and the Sherbert Test?

Is it a real teaching of the religion?

Is the person really a PRACTICING member of the religion?

Is the government concern significant?

Can the government address it’s concern in another way?