The Relationship between Church and State in the United States Elizabeth McLain Senior Capstone Presentation The First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances Religion Clauses Establishment of religion Free exercise The Founders Intentions of separation between church and state? Colonists Roger Williams William Penn The Founding Fathers Benjamin Franklin George Washington Thomas Jefferson Patrick Henry James Madison Thomas Jefferson’s “Wall of Separation” Letter to the Danbury Baptist Association of Connecticut Church and State History in the Supreme Court The Fourteenth Amendment No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States Barron v. Baltimore (1833) The Mormon Cases Reynolds v. United States (1879) Davis v. Beason (1890) The Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States (1890) "Laws are made for the government of actions, and while they cannot interfere with mere religious beliefs and opinions, they may with practices." Chief Justice Warren Everson v. Board of Education (1947) Jefferson’s “wall of separation” used by Justice Hugo Black Flag Salute Cases Minersville School District v. Gobitis (1940) West Virginia Board of Education v. Barnett (1943) Prayer and Bible Reading in Public Schools Prayer Engel v. Vitale (1962) Bible Readings School District of Abington v. Schempp (1963) Murray v. Curlett (1963) The Lemon Test • • • • Lemon v. Kurtzman (1971) The statute must have a secular legislative purpose Its principal or primary effect must be one that neither advances nor inhibits religion The statute must not foster an excessive government entanglement with religion Today’s Arguments Separationists Accommodationists Non-Preferentialists Separationists American Civil Liberties Union People for the American Way Americans United for the Separation of Church and State American Atheists Accommodationists Christian Coalition Christian Voice Family First Roy Moore The Relationship between Church and State in the United States