Presentation Pro
Magruder’s
American Government
C H A P T E R 19
Civil Liberties: First Amendment Freedoms
© 2001 by Prentice Hall, Inc.
C H A P T E R 19
Civil Liberties: First Amendment Freedoms
SECTION 2
Freedom of Religion
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Chapter 19
Freedom of Expression
Two Guarantees of Religious Freedom:
Free Exercise Clause
Establishment Clause
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Means religion CANNOT
be mandated by anyone
onto anyone else
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Means the government can’t
interfere in the exercise of
any religion.
(unless it jeopardizes the well being of practitioners)
Religion CANNOT be
mandated by government.
In effect, freedom from
religion – (you do not have to have it)
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(Jim Jones Case, Waco Texas Case, Warren Jeffs,
Rattlesnake Worship)
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In effect, freedom for
religion. (You can CHOOSE to have it, so long
as it is deemed ‘safe’)
Chapter 19, Section 2
Freedom for Religion & Freedom from Religion
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Separation of Church and State
A wall of separation?
Church and
government
(state) are
constitutionally
separated from one
another.
VIDEO: Freedom of Religion:
Crash Course Government
and Politics #24
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However, the
government supports
churches and religion
in a variety of ways,
including tax
exemption clauses.
Chapter 19, Section 2
Religion and Education
The Supreme Court has reviewed many cases about
Religion/Education – some of the
Conclusions Drawn……..
Release Time – Students can be legally excused from school to attend religious classes as
long as the classes do not take place in a government building (meaning the school)
Prayers & the Bible – The use of prayer and the Bible in a religious was is not allowed in
public school or at public school functions
Student Religious Groups – Short / Temporary meetings are allowed in the school on the
same basis as other student organizations
Evolution – A doctrine of belief can not be preferred or prohibited = only relayed.
Federal Aid to Parochial Schools – The Supreme Court uses the LEMON TEST to
determine what public funding of church – related schools is acceptable.
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Chapter 19, Section 2
Religious Freedom and Education
A recent example of cheerleaders making
inspiring signs for the football team based
on religious scripture:
VIDEO: Cheerleaders Religious Signs Ban: High School Girl's Bible Verse
Banners Banned
VIDEO: Texas Cheerleaders Score Win for Religious Freedom
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Chapter 19, Section 2
The Lemon Test
The Lemon Test is based on…
Lemon v. Kurtzman, 1971.
(Focusing on federal aid to private schools)
1. The purpose of the aid must be nonreligious – (for example
government help with new geometry books @ a Catholic H.S. would
be ok – help with new Bible would not)
2. The aid can neither advance nor inhibit religion. (Keep status Quo)
3. Aid must not excessively entangle the government with religion.
Video:
VIDEO: Lemon v. Kurtzman
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Chapter 19, Section 2
Other Establishment Clause Cases
Seasonal Displays - ??
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S. C. -Lynch v. Donnelly,
1984 — allowed the display
of a nativity scene along with
other nonreligious objects on
public land (mix of items –
religious and non-religious)
S.C. - County of Allegheny
v. ACLU, 1989—prohibited
an exclusively Christian
holiday display on public
lands
Recall – Cases are like fingerprints
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Chaplains - ??
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The Supreme Court ruled
in Marsh v. Chamber,
1983 that it was
permissible for chaplains
to open daily sessions of
U.S. Congress and each
State legislative body
Congressional Sessions
start with a prayer each
day??? Is that separation
of church and state?
Chapter 19, Section 2
The Free Exercise Clause
Limits to Religion…
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Actions that violate social duties
or disrupt social order are not
covered under the:
“Free Exercise Clause”
Examples:
Bigamy; Polygamy; Polyandry
Using poisonous snakes during
religious ceremonies
School children who have not
been vaccinated (Hot Topic)
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Chapter 19, Section 2
Recent Pennsylvania News….
Philadelphia Couple Sent to Prison for 2nd Prayer Death - Child died without seeing
doctor (Posted: Feb 19, 2014)
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PHILADELPHIA (AP) -- A Philadelphia couple who believe in faith-healing have been sentenced to
3 1/2 to seven years in prison in the death of a second child who died without seeing a doctor.
Philadelphia Common Pleas Judge Benjamin Lerner told Herbert and Catherine Schaible (SHY'bull) on Wednesday that it wasn't 8-month-old Brandon's time to die.
He said: "You've killed two of your children ... not God, not your church, not religious devotion -you."
The Schaibles pleaded no contest. They are third-generation members of a small Pentacostal
community, the First Century Gospel Church in northeast Philadelphia.
Both expressed remorse and apologized for violating a court order to seek medical care for their
children following the 2009 death of a 2-year-old son of untreated pneumonia.
Their six surviving minor children are now in foster care.
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VIDEO News Clip:
VIDEO: Christian Couple's Child Dies from Prayer Instead of Medicine
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The Free Exercise Clause
Free Exercise Upheld
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The Courts have heard and
supported many cases like these:
Examples:
Amish children cannot be forced
to go to school after grade 8
Ministers are allowed to hold
elective office
Unemployment benefits cannot
be denied to someone who quit
their job because of religious
beliefs
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Chapter 19, Section 2
Extremist Examples that causes
Government Alarm
Snake Religious Rituals Video
CNN VIDEO: A look at the snake-handling churches of
Appalachia
Jim Jones, David Koresh, Manson Family, Etc., all
concerned government because of how they treat their
followers….
MoJo VIDEO: Top 10 Cults
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