X. The First Amendment:
a. Protects 6 rights or Freedoms
1. The Government may not support
religion
2. Freedom to practice religion
3. Freedom of Speech
4. Freedom of Press
5. Freedom to Assemble
6. Right to petition the government
Freedom of Religion – The Religion Clauses
1.The Government may not support religion
The Establishment Clause
2. Freedom to Practice your own religion
The Free Exercise Clause
THE FREE EXERCISE
CLAUSE
The First Amendment: “ Congress shall make
no law respecting an establishment of
religion or prohibiting the free exercise
thereof;”
Church of Lukumi Babalu Aye
v.
The City of Hialeah
508 US 520 (1993)
•The city of Hialeah has a law against cruelty to animals. The
city makes it a crime to purposely kill an animal within city
limits.
•The Church of Lukumi Babalu Aye is a blend of West African
beliefs and Roman Catholicism
•As part of the ceremonies of the religion, animals are
sacrificed.
•The city warned the leaders of the church that they would be
arrested if they continued their practices.
•They refused.
The city arrested the church leaders.
Should the Church of Lukumi Babalu Aye be
allowed to sacrifice animals? Yes or No
Snake Handling
in
Appalachia
• Snake handling is a practice that exists in
certain fundamentalist Christian churches in the
Appalachian region of the United States
stretching from Georgia to Ohio.
• The belief is that if a member is a true
follower of the church then they will not be
harmed by the snake.
• Important fact: The snakes are poisonous
• Approximately 80 people have died during
Snake handling ceremonies since the founding of
the practice.
Should the Snake Handling churches be
permitted handle poisonous snakes during
their ceremonies? Yes or No
The Native American Church
and
Drug Use
•Native American Church is a Christian Church that blends Native
American spirituality and Christian beliefs.
•During certain ceremonies members ingest peyote, a hallucinogenic
drug.
•Peyote is specifically used by teenagers in the church when they
engage in a “coming of age” ceremony and go on a vision quest.
•Peyote is a controlled substance and use of it is a crime like marijuana.
•Members of the church who use peyote have been prosecuted.
Should adult Native American Church members be
permitted to use peyote in their ceremonies? Yes
or no
Should teenage Native American Church members
be permitted to use peyote in their ceremonies?
Yes or no
Wisconsin
v.
Yoder
406 US 205 (1972)
•The state of Wisconsin has a truancy law that
requires students to attend school until the age of
16.
•The Amish in Wisconsin stop sending their children
to school after the eighth grade.
•. The state of Wisconsin prosecuted the parents
of the Amish under the truancy law for failure to
send their children to school.
Should the Amish students be allowed to stop
going to school after eighth grade? Yes or No
Goldman
v.
Weinberger
475 US 503 (1986)
• Goldman was an officer and chaplain in the United
States Air Force.
• He was an orthodox Jew.
• He wore a yarmulke
• Air Force regulations forbid the wearing of any
headgear except official Air Force headgear.
• Goldman wore his yarmulke.
• He was court-martialed
Should Goldman be allowed to wear his
yarmulke? Yes or No
THE FREE EXERCISE CLAUSE
TEST
THE TEST: The Government can interfere with the
practice of religion only when it has a compelling
reason.
A compelling reason means a really, really good
reason.