1ST AMENDMENT:
FREEDOM OF RELIGION
• The First Amendment states that:
“Congress shall make no law …
• respecting an establishment of
religion,
• or prohibiting the free exercise
thereof;…”
• Because it is vague, courts
often decide what it means.
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MANY EXAMPLES OF RELIGIOUS TYRANNY IN
HISTORY – TOO NUMEROUS TO COUNT
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Religious oppression fills earth’s history. In Rome 300 AD you could be executed for
practicing Christianity; in year 400 AD you could be executed for NOT practicing
Christianity.
America created by religious tyranny in 1600s – English Christian Puritans in New
England & Spanish Catholics in New Mexico typical totalitarians who executed non
believers.
Regarding our discussion of freedoms of religion, speech and press, further consider that
there are radicals who hate, often based on religion, who if they had the power would take
our society into the dark ages to censor opposition with disastrous consequences. Too many
are violent and vehemently opposed to any religion different than their own and they are
misguided like some others in other religions around the world. See the map on this link
and select any state to view them. http://www.splcenter.org/get-informed/hate-map On
the drop down the menu, select any state, to see a list of hate groups and you will see that
many are “Christian.” The problem is not just with those who badly interpret Islam. A
serious problem occurs when religious illiterate extremist criminals, who badly interpret any
religion, whether Christian or Islam or any other, are permitted to have power that it exerts
over others in society. In the USA the constitution marginalizes such individuals/groups
lthough they still are a dangerous menace to civilized society. Other countries will have to
find a way to do the same for the well-being of the world.
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2/6/2005
WHAT IF HAD AN ESTABLISHED RELIGION?
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Government would create and support an official state
church…often
 tax dollars support that chosen church.
 that church’s laws become the law of the land. Khamenei,
the supreme leader of Iran reminded Iranians that he is the
spokesperson of God's design and must not be defied. Thus
how can ever be wrong? Way to control population.
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Iran’s Khatami asked the judiciary to “without mercy punish leaders of (Iranian student) protests & those supported by US & Israel. I
remind all that Khamenei, the supreme leader, rules by God & must not be defied.”
the nation’s leader, often heading the church, usually
appoint the leading “official” government approved religious
clerics.
often other religions are excluded.

Iranian student friend.
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2/6/2005
DRAFTING THE FIRST AMENDMENT
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Authors asked, “should
government establish a
religion or not?”
Thomas Jefferson wrote
that there should be “a
wall of separation
between church and
state.”
Why? Because he was
opposed to the Church
of England being the
official state supported
religion.
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THE ESTABLISHMENT CLAUSE
 The
Establishment Clause of the First
Amendment guarantees that the
government will not create and/or
support an official state religion – that is
prefer one over the other.
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Some want their religion to be the preferred religion by
government, & want government to force or coerce all citizens to
practice their “right” religion - but the Constitution is there to stop
them – to keep the government neutral.
Why? Because many on earth disagree with your religious beliefs.
Remember individual liberty vs group think? Shouldn’t there be
places where an individual can be free of “others” views about
religion?
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2/6/2005
THE SUPREME COURT AND THE
ESTABLISHMENT CLAUSE
•The Supreme Court has ruled that official
lead prayer and bible reading (religious
services) in government schools are a
unconstitutional violation of separation of
church & state.
•Remember, the constitution protects you
from government, thus, private schools are
exempt from restrictions.
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ESTABLISHMENT CLAUSE
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The Court prohibits organized Bible
reading and prayer in public schools
because why?
 pressure
to conform can cause one to
think less of another who believes
differently
 And is either a direct or indirect coercion
on minority.
 Youth are impressionable.
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ENGEL V. VITALE 1962
2/6/2005
• Brought by parents of public school students in New York who complained
the prayer to "Almighty God" contradicted their religious beliefs.
•Prayer in question was: "Almighty God, we acknowledge our dependence
upon Thee, and we beg Thy blessings upon us, our parents, our teachers
and our country. Amen.“
•Plaintiffs argued that opening the school day with such a prayer (even if
students are not required to recite it) violates the Establishment Clause of
the First Amendment to the United States Constitution (as applied to the
states through the Fourteenth), which says, "Congress shall make no law
respecting an establishment of religion.“
•The court decided that government-directed prayer in public schools was
an unconstitutional violation of the Establishment Clause. This was decided
in a vote of 6-1. Prayer is a religious activity by the very nature of it being a
prayer. Requiring such a religious activity for government school children
violates the Establishment Clause.
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2/6/2005
ABINGTON ISD, PENN V. SCHEMPP & MURRAY V. CURLETT (1963)
Cases dealt with state-approved reading of Bible passages before classes in public
schools.
Schempp, a relgious family, challenged a Pennsylvania law which stated that: “...at least
ten verses from the Holy Bible shall be read, without comment, at the opening of each
public school day. Any child shall be excused from such Bible reading, or attending such
Bible reading, upon written request of his parent or guardian. This was disallowed by a
federal district court.
Murray, an atheist, (later O'Hair), represented her sons, William and Garth. Murray
challenged a Baltimore statute that provided for the "reading, without comment, of a
chapter of the Holy Bible and/or of the Lord's Prayer" before the start of classes.
Teachers could be fired for refusing to participate, and pupils segregated from others if
they did not join in the daily reading.
In 1963, the Supreme Court ruled 8-1 against of allowing the reciting of the Bible verses
and the Lord's Prayer. The Constitution forbids any establishment of religion, that prayer
in government is a form of religion, and that hence state-sponsored or mandated prayer
in public schools cannot be allowed.
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2/6/2005
ESTABLISHMENT CLAUSE

Marsh v. Chambers 1983. Open gov’t
meetings w/prayer ok since it is only a
“tolerable acknowledgement of beliefs.”
 Read
this article to learn about the problem of
prayers in the Texas Legislature led by clergy that
are too partisan and too religious advocating
particular policy http://pushjunction.com/l/15808
If anyone files a complaint in federal court there will
be trouble for Texas taxpayers. Note how many
Christian clergy and non Christian have been invited
by the conservative Republican legislature to give
these prayers.
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2/6/2005
LEMON V. KURTZMAN
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In 1971, Lemon v.
Kurtzman, the Court ruled
that New York state could
not use state funds to pay
parochial school teachers’
salaries.
To be Constitutional the
challenged practice must:
1. have a secular purpose.
2. neither advance nor
inhibit religion.
3. not foster excessive
government
entanglement with
religion.
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In 1980, in Stone v. Graham,
this Lemon Test was used to
invalidate a Kentucky law
that required the posting of
the Ten Commandments in
public school classrooms
because “it is a religious
exercise.”
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2/6/2005
“SEE YOU AT THE POLE”
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Student participation
before - or after –
government school
events, such as “see you
at the pole,” is
permissible.
Government school
officials, acting in an
official capacity, may
neither discourage nor
encourage participation in
such an event.
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2/6/2005
THE FREE EXERCISE CLAUSE
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“Congress shall make no law.....prohibiting the free
exercise thereof (religion)”
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is designed to prevent the government from interfering with
the practice of religion.
This freedom is not absolute.
Some religious practices have been ruled illegal.
Nonetheless, the Court has made it clear that the
government must remain NEUTRAL toward religion.
Gov’t cannot attack religious practices it disagrees
with, or church leaders it opposes – unless when
religious practice injures or conspires to injure others
– violating the law.
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2/6/2005
FREE EXERCISE CLAUSE
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Freedom to believe is
greater than the
freedom to act.
Do anything you want
as long as no harm to
others.
Therefore, we do have
laws restricting some
“religious practices.”
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Right wing snake
handler religion
regulated.
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Woods Cove Holiness Church, Alabama
2006 woman killed at East London
Holiness Church in London, Kentucky
(“sign of a true believer is power to pick up
serpents & not be harmed” – so says the
Bible).
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FREE EXERCISE CLAUSE
2/6/2005
• State
cannot force a person to fight
in war against religious beliefs.
• Native American Church &
prohibited drugs.
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FREE EXERCISE CLAUSE
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2/13/01: Rev. Dixon arrested & church
seized by US Marshals for nonpayment of
$6 million in taxes.
 Could have avoided by filing “nonprofit
religious status” form but refused due
to anti government stance.
 Called “free church” movement.
 Churches do not operate independent
of law.
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2/6/2005
ELK GROVE UNIFIED SCHOOL DISTRICT V. NEWDOW, 2004
PLEDGE OF ALLEGIANCE
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Pledge written 1892 by Baptist minister Francis Bellamy, who made
no reference to religion in his version: "I pledge allegiance to my
flag and the republic for which it stands, one nation, indivisible,
with liberty and justice for all." Became a part of public school
programs. In 1954, Congress added "under God," after pressure by
Catholics.
Newdow is atheist who didn’t want 3rd grade daughter reciting the
religious part and sued, even though legally it is voluntary only,
Newdow argued that there is indirect coercion and a violation of
separation. Students should not “feel” compelled by school
officials to recite to show love of country.
9th circuit banned that part of pledge but the Supreme Court
dismissed the case arguing that father had no “standing” to
challenge the case, (he didn’t have to say the pledge). Thus, the SC
invited someone who does have standing to file a new case.
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2/6/2005
BOTTOM LINE OF ESTABLISHMENT & FREE
EXERCISE CLAUSES
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Remember intent of Constitution authors – individual liberty – not forced group think!
We have seen how some countries of the world are extremist religious totalitarian
dictatorships where individuals & minority religions have NO rights, and are forced to
practice government religious beliefs against their wishes. Iranian Muslim majority
likes this because it is the majority and can get away with extreme oppression, but
they hate it in other countries where they are the minority & they are discriminated
against. Think about how some in America have similar scary views with potential
horrific results. That is the point of tyranny of the majority and our constitution’s
protection of the minority!
In our free USA, one has NO legal right to impose his religious beliefs on you, or to use
government to do so!
In our free USA, one has NO legal right to use his religion as a fanatical intolerant
spiritual weapon against those who disagree.
Can you understand how this conservative republican lawyer to President Reagan
feels when leaders in the US military criticize his military sons for being Jewish? Read
this article & see website to understand.
http://www.statesman.com/opinion/insight/guns-and-god-author-sees-network-ofhard-2388164.html website http://www.militaryreligiousfreedom.org/
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