Amendment I
Freedom of Religion
Freedom of Religion
• “Congress shall make no law respecting an
establishment of religion or prohibiting the
free exercise there of”
• Two clauses:
–Establishment clause
–Free Exercise clause
Establishment and free exercise clause
often conflict with each other
• In schools, the
religion issue is
most prevalent
• If a student raises
his hand and says
“teacher, can we
say an opening
prayer before this
test”
• If the teacher says:
• “Yes”, It looks like
establishment of
religion
• “No”, It is denying a
student free
exercise.
Establishment Clause—Government
cannot promote religion
Establishment clause-Government
Cans
Cannot
• Teach about religions in
school
• Allow voluntary prayer
in many examples
• Transport students to a
religious school
• Read Bible for culture or
literacy content
• Set a state religion
• Government cannot
order a prayer
• Teach religious doctrine
in the school
• Pay seminary teachers
• Teach creationism
Free Exercise—The person
Can
Cannot
• Choose whatever
religion
• Lead a prayer in most
examples
• Ask questions about
religions
• Worship who ever you
want
• Break the law and claim
it is religious belief
• Raise children without
education
• Deprive children of
basic needs
Lynch V Donnelly
• Facts: The City of Pawtucket put up a Christmas
display of decorations (nativity scene, reindeer,
santa, candy canes, etc.) Donnelly got mad and
said that he did not want his tax dollars to pay for
the display.
• Which clause was challenged?
• Who won? The City – Lynch
• Why? The display did not promote religion
because a variety of religious and non-religious
symbols were displayed
Engel V Vitale
• Facts: The Board of Regents of New York
required the students to say a prayer each
morning, “Almighty God we acknowledge
Thee, and beg They blessings upon us, our
teachers, and our country”
• Which clause was challenged?
• Who won? Engel (parents)
• Why? Ruling said that the school was
promoting religion
Epperson V Arkansas
• Facts: Arkansas wouldn’t allow teachers to
teach evolution. Epperson, a public school
teacher, sued, claiming the law violated her
First Amendment right, as well as the
Establishment Clause.
• Which clause was challenged?
• Who won? Epperson
• Why? The state was promoting religion
Stone V Graham
• Facts: Sydell Stone and a number of other
parents challenged a Kentucky state law that
required the posting of a copy of the Ten
Commandments in each public classroom.
They filed a claim against James Graham, the
Superintendent of public schools in Kentucky
• Which clause was challenged?
• Who won? Stone – Parent
• Why? The school was promoting religion
Santa Fe Independent School District V
Doe
• Facts: Several students complained about
hearing a prayer over the loud speaker at the
football game. The prayer was given by a
student.
• Which clause was challenged?
• Who won? Doe (the students)
• Why? The Court ruled that the pre-game prayer
given by a student at high school football games
communicates government religious
endorsement.
Wisconsin V Yoder
• Facts: Amish family did not want their
children to attend school past the 8th grade.
• Which clause is challenged?
• Who won? Yoder
• Why? The Ruling determined that an
individual’s interest in the free exercise of
religion under the First Amendment
outweighed the State’s interest in compelling
attendance beyond the 8th grade.
Reynolds V United States (1879)
Facts: Mormon leader, George Reynolds, was
convicted in Utah for having more than one wife.
Which clause was challenged?
Who won? United States
Why? Criminal Activity – against the law. Those
who practice polygamy could not more be exempt
from the law than those who may wish to practice
human sacrifice. Either way, against the law.
Lukimi Babalu V City of Hialeah
• Facts: The Church of Lukumi Babalu Aye practiced the AfroCaribbean-based religion of Santeria. Santeria used animal
sacrifice as a form of worship in which an animal's carotid
arteries would be cut and, except during healing and death
rights, the animal would be eaten. Shortly after the
announcement of the establishment of a Santeria church in
Hialeah, Florida, the city council adopted several ordinances
addressing religious sacrifice. The ordinances prohibited
possession of animals for sacrifice or slaughter, with specific
exemptions for state-licensed activities.
• Which clause was challenged?
• Who won? Church
• Why? The ordinances targeted religious behavior.