Freedom of Religion
Freedom of Religion
1st Amendment
1. Establishment Clause
2. Free Exercise Clause
Freedom of Religion
• ESTABLISHMENT CLAUSE:
Congress shall make no law
respecting the establishment of
religion.
• EXERCISE CLAUSE
Prohibits government from unduly
interfering with the free exercise of
religion.
The
Establishment
Clause
Establishment Clause
• “Wall of Separation”
• No tax support to one particular
form of religion.
However
…
Religion is, and always
has been, a part of
public life in the U.S.
Examples of Religion in Public Life
•
•
•
•
•
Oaths of office in the name of God
Money has “In God We Trust”
Pledge of Allegiance has “under God”
Congress opens daily sessions with prayer.
Chaplains in the military paid by the
government.
• Tax-exempt status for church property
• Tax-exemption for contributions to religious
groups
Controversy about religion in public life
Can taxes pay for busing students to a
parochial school?
Yes: Everson v. Board of Education (1947)
Can taxes pay for busing parochial students on
a field trip?
No: Wolman v. Walter (1977)
Can taxes pay for textbooks for parochial
schools?
Yes (for secular books):
Board of Education v. Allen (1968)
Controversy about religion in public life
• Can parents deduct tuition, textbooks and
transportation to and from parochial schools
from state income taxes?
Yes: Mueller v. Allen (1983)
• Can the state use taxes to provide
computers, library books, and other
equipment to parochial schools?
Yes, as long as not used for religious
purposes: Mitchell v. Helms (2000)
Controversy about religion in public life
Can public schools release students to
attend classes in religious instruction?
No if religion teachers come to public
school campus. McCollum v. Board of Education (1948)
Yes if students leave and go to another
location for religious instruction.
Zorach v. Clauson (1952)
Controversy about religion in public life
The Supreme Court declared that aid
to church-related schools must do the
following:
1. Have a secular legislative purpose
2. Have a primary effect that neither advances
nor inhibits religion
3. Not foster an excessive government
“entanglement” with religion
Controversy about religion in public life
Recent Developments in Texas
Trying to develop a state approved
curriculum for teaching
• The Bible (Literature? History? Culture?)
• History of Religion (Perspective?)
• Comparative Religions (Who teaches?
What perspective? Emphasis?)
Controversy about religion in public life
School prayer issues
• Government cannot dictate a prayer to
be used.
• No “moment of prayer.”
• No clergy-led prayers.
• No prayers at beginning of football
games, even if led by students.
Controversy about religion in public life
• No school sponsored Bible reading.
• No use of Lord’s Prayer in school.
• Students can form prayer groups not
organized or led by faculty.
Controversy about religion in public life
Under what circumstances do you think
this “tolerance” of religion in school
(prayer groups, etc.) would come to an
end?
Controversy about religion in public life
Under what circumstances do you think
this “tolerance” of religion in school
(prayer groups, etc.) would come to an
end?
Discrimination against minority religions
Controversy about religion in public life
• Ban on prayer in government does not
extend to government meetings
(legislatures, city councils, etc.)
Theory: Adults are not susceptible
to religious indoctrination like children.
Controversy about religion in public life
At what point might this involvement of
religion in public life come to an end?
Under what circumstances?
Controversy about religion in public life
At what point might this involvement of
religion in public life come to an end?
Under what circumstances?
Inclusion of minority religions
Controversy about religion in public life
Evolution versus Creationism
• States cannot ban teaching
evolution. Epperson v. Arkansas (1968)
• States cannot require teaching
creationism along with evolution.
Edwards v. Aguillard (1987)
Controversy about religion in public life
More recent tactic by fundamentalist
Christians:
However, lower federal courts have
ruled that this tactic is merely a
“disguised” effort to promote religion
in the classroom and is unacceptable.
Controversy about religion in public life
Can government property have
Christmas displays or
decorations?
Controversy about religion in public life
Can government property have
Christmas displays or
decorations?
Confusing court rulings:
Controversy about religion in public life
Can government property have
Christmas displays or
decorations?
Confusing court rulings:
• Yes, if secular items are included (reindeer,
sleigh, etc.).
Controversy about religion in public life
Can government property have
Christmas displays or
decorations?
Confusing court rulings:
• Yes, if secular items are included (reindeer,
sleigh, etc.).
• No, if nativity scene alone.
Controversy about religion in public life
Can government property have
Christmas displays or decorations?
Confusing court rulings:
• Yes, if secular items are included (reindeer, sleigh,
etc.).
• No, if nativity scene alone.
• Yes, if other religions are included in holiday
display. Issue: Minority religions
Free Exercise
Clause
Controversy about the
Free Exercise Clause
The Supreme Court
has made a clear distinction
between
“religious belief”
and
“religious practice.”
Controversy about the
Free Exercise Clause
The right to “religious belief” is absolute.
You can believe anything you want to believe.
However, the actual practice of your
religion can be limited or restricted.
Some religious practices are forbidden.
Controversy about the
Free Exercise Clause
What are some religious practices that
might be forbidden?
Controversy about the
Free Exercise Clause
When can government restrict “free
exercise” of religion?
When the “practice” violates laws protecting:
– Health
– Safety
– Morals of the community
Reynolds v. United States (1879)
Mr. Merced was planning to sacrifice up
to 7 goats, 10-14 chickens, and 5-10
doves during a Santeria religious
ceremony to be attended by about 10
members of his religion. Merced said
that the remains of the animals are
placed in a dumpster.
The City of Euless said that city
ordinances prohibited the ceremony
because of the public health concerns
about disposal of animal parts resulting
from the ceremony.
On March 11, 2008, a U.S. District Court
ruled against Merced saying that he did
not need to use his house to practice
his religion and that the city was
protecting the public’s health with its
laws against animal cruelty. Judge
John McBryde said “He could go
outside the city and do the things he
does inside his house.”
Controversy about the
Free Exercise Clause
The Supreme Court has allowed
government prohibitions on:
– Polygamy (case involved Mormons)
– Drugs in religious ceremonies
Controversy about the
Free Exercise Clause
The Supreme Court has allowed
requirements for school children to
be vaccinated even though it
violates the beliefs of some
religious groups.
(Jehovah’s Witnesses
& Christian Scientists)
Controversy about the
Free Exercise Clause
Flag Salute Cases
Many states require pledges of
allegiance in school.
Some churches consider such pledges as
“bowing down to graven images.”
The Supreme Court has flip-flopped, but
more recently has said that patriotism could
be achieved without forcing people to violate
their religious beliefs.