Freedom of Religion To Start The 1st Amendment says, “Congress shall make no law respecting an establishment of religion or prohibit the free exercise thereof.” the 14th Amendment supports this by saying, “No State shall make or enforce any the “under part of theor Pledge of Allegiance be changed? law1.Should which shall abridgeGod” the privileges immunities of citizens of the 2.Should schools beisrequired to teachbetween creationism addition to allowing United States.” There a fine balance the in government evolutions? people to freely exercise their right to practice religion and the 3.Should nativity scenes be allowed on publicreligious laws practices. Some of government supporting or establishing certain the issues raised by this balance are listed below. If you were on the Supreme Court, how would you respond to the following questions? The Big Idea The Constitution’s 1st Amendment guarantees religious freedom through the Establishment Clause and the Free Exercise Clause The 1st Amendment The Establishment Clause Sets up a wall -- or separation -between church and state The Free Exercise Clause Protects the right of an individual to believe -- but not to act -- as he or she wishes Free trade in ideas • freedom of expression • this has to do with more than just speech • Religion is a huge part of the idea of expression. • Religion has always been a part of American’s life • many people came to America to escape religious persecution So what does it mean? • Freedom of Religion prohibits: 1. an “establishment of religion” this is the Establishment Clause 2. any arbitrary interference by government in the “free exercise” of religion this is the Free Exercise Clause Establishment Clause • Separation of Church and State • “a wall of separation” • not enemies or strangers • Government encourages churches and religions • most property owned by religious organizations operate tax free • chaplains in the armed forces • the word God is used in many places within government • So this wall is up for debate • How high does it go? • How high should it go? Pierce vs. Society of Sisters • 1925 • Establishment Clause case (but uses the Due Process Amendment for the ruling) • Oregon law stated that all parents were required to send their children to public school • this was found unconstitutional • It was believed that this law tried to get rid of private or church schools. • How does this violate the Establishment Clause? Everson vs. Board of Education • 1947 • Direct establishment clause case • Law stated that tax payer school buses will be used to bus all students to schools (private and public) • Court upheld this as constitutional • It is a safety measure and it trumps the issue of religion Free Exercise Clause • guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion. • does not give the right to • violate criminal laws • offend public morals • threaten the safety of the community • Who does this protect? • California’s Vaccination law? • does not vaccinating your kid fall under the free exercise clause protection? SO…. answer this Can a society exist without free expression? if yes what would that society look like?