Freedom of Religion
Freedom of Religion –
1st Amendment
• “Congress shall make no law respecting
an establishment of religion or prohibiting
the free exercise there of…”
st
1
and
th
14
Amendment
2 Guarantees of religious freedom
(1)Prohibits an establishment of religion
[ESTABLISHMENT CLAUSE]
(2) Prohibits any arbitrary interference by
government in “the free exercise” of religion
[FREE EXERCISE CLAUSE]
*But there may be times when the state can limit
or interfere with practices that flow from those
benefits
More on Establishment Clause…
• NEITHER STATE OR FEDERAL
GOVERNMENT CAN SET UP
A CHURCH
• NEITHER CAN PASS LAW
WHICH AIDS ONE RELIGION,
AID ALL RELIGIONS, NOR
PREFER ONE RELIGION
OVER ANOTHER
• NEITHER CAN FORCE NOR
INFLUENCE A PERSON TO
GO TO OR TO REMAIN
AWAY FROM CHURCH
AGAINST HIS WILL OR
FORCE HIM TO PROFESS A
BELIEF OR DISBELIEF IN ANY
RELIGION
County of Allegheny v. ACLU (1989)
CASE DETAILS  2 Holiday displays on Pittsburgh public property
Angel Banner –
“Glory to God in the highest for
the birth of Jesus Christ”
Christian nativity scene inside the
Allegheny County Courthouse
“principle or primary effect"
of the display was to advance
religion
Large Chanukah menorah
outside the City-County building
The legality of
the Christmas
tree display
was not
considered in
this case.
The ACLU claimed the displays constituted state endorsement of religion.
U.S. Supreme Court
Angel Banner –
“Glory to God in the highest for
the birth of Jesus Christ”
Court held that the creche inside the
courthouse unmistakably endorsed
Christianity in violation of the
Establishment Clause. By
prominently displaying the words, the
county sent a clear message that it
supported and promoted Christian
orthodoxy.
(The Court held not all religious celebrations on government
property violated the Establishment Clause
However the combined display
with a Christmas tree and a
sign saluting liberty did not
impermissibly endorse both
the Christian and Jewish faiths,
but simply recognized that
both Christmas and Hanukkah
are part of the same winterholiday season, which, the
court found, has attained a
secular status in U.S. society.
Menorah has become a secular
symbol, emblematic of the
"winter-holiday season” like the
Christmas tree)
To judge whether laws or governmental actions
are allowable under the Establishment Clause
based on the LEMON TEST
1) Does the challenged law or other
governmental action have a bona fide
secular (non-religious) or civic purpose?
2) Does the primary effect of the law or action
neither advocate nor inhibit religion (is it
neutral)?
3) Does the law or action avoid excessive
entanglement of government with religion?
NOW  US Steel Plaza (Private Property) at
600 Grant Street
More on Free Exercise Clause…
• RIGHT FOR A PERSON
TO BELIEVE WHATEVER
HE/SHE CHOOSES TO
BELIEVE IN MATTERS OF
RELIGION (OR NOT TO
BELIEVE) WITHOUT
GOVERNMENT
COERCION OR
CONTROL
• Hands off our
RELIGION!
• BUT NO PERSON HAS
ABSOLUTE RIGHT TO
ACT AS HE/SHE CHOOSE
(MAY INTERVENE OR
LIMIT PRACTICES)
• EX: CANNOT VIOLATE
CRIMINAL LAW;
OFFEND PUBLIC
MORALS; THREATEN
HEALTH, WELFARE, OR
SAFETY OF THE
COMMUNITY
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
• Deprave children of
basic needs **
Think about this case…
Ginger and David Twitchell
Son – Robyn
Charged – Invol. Manslaughter: unlawful killing of a human being
without malice aforethought, either express or implied. [Voluntary manslaughter  intention]
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 and School
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
Set Up - Minersville
School District v. Gobitis Think
1940 - U.S. Supreme
ruled
- public schools could
compel students—in this
case, Jehovah's
Witnesses—to salute
the American Flag and
recite the Pledge of
Allegiance despite the
students' religious
objections to these
practices.
Court
reversed
previous
decision
about this case
For more than 200 years, the 1st amendment has
protected religious freedom, including
right not to believe
• This includes religious expression by students in
public schools
• Supreme Court has NOT declared that public
zones are “religion-free zones”
• You [as students] have the right to express
religious beliefs while at school as long as you do
not coerce others or interfere with the
educational process
• HOWEVER this does not include the right to
have a captive audience for that prayer or to
compel other students to participate
Engel v. Vitale (1962)
“Almighty God, we acknowledge our
dependence upon Thee, and we beg Thy
blessings upon us, our parents, our teachers
and our Country.”
Believed that the prayer could be a useful
tool for the development of character and
good citizenship among the students of the
State of New York.
The prayer was offered to the school boards
in the State for their use, and participation in
the “prayer-exercise” was voluntary
Case Details
New York – state created
an nondenominational
prayer
Note from Parent –
didn’t have to
Court Ruled 
Violation of
Establishment Clause
Abington School District v. Schempp (1963)
Case Details
Bible reading and Prayer
everyday before school
Court Ruled 
Violation of
Establishment Clause
(not maintaining
neutrality)
State of Wisconsin v. Jonas Yoder, et Al. (1972)
.Case
Details
3 Amish Families – refused to
send their 13,14 yr olds to high
school
Wisconsin Law – had to be in
school until they are 16
*totally different env’t – bad
influence
Court Ruled 
Upheld Free Exercise Clause
High school env’t way too different
(against community standards)
Santa Fe Independent School
District v. Doe (2000)
Case Details
Varsity Football Games –
prayer over the PA system
Preacher – Student
Catholic/Mormon
objected
Court Ruled 
Violation of Establishment
Clause
Lee v. Weisman (1992)
Case Details  Offering a Prayer as part of a
Public School Graduation Ceremony
Court Ruled  Government creates a “statesponsored and state-directed religious exercise
in a public school”
– Creates a subtle and indirect coercion
(students stand and remain silent), forcing
students to act in ways which establish a state
religion
To avoid the violation…
• Baccalaureate Service for Seniors
– Def: religious graduation tradition that started in
England, but in the United States, the term
generally refers to a non-denominational
ceremony held a few days before high school or
college graduation.
ARE not official, school-sponsored events
at American public schools
• This Year – ______________________. (I.H.S.)
• Celebration of Faith
• Renamed the event a "Day of Reflection”
Your Homework
Fall under:
Establishment Clause
(1)Prohibits an establishment of religion
Or
Free Exercise Clause
(2) Prohibits any arbitrary interference by
government in “the free exercise” of religion
Why? 2-3 sentences
st
1
and
th
14
Amendment
2 Guarantees of religious freedom
(1)Prohibits an establishment of religion
[ESTABLISHMENT CLAUSE]
(2) Prohibits any arbitrary interference by
government in “the free exercise” of religion
[FREE EXERCISE CLAUSE]
*But there may be times when the state can limit
or interfere with practices that flow from those
benefits