Freedom of Religion
Establishment Clause
•
st
1
Amendment prohibits
Congress from passing laws
“respecting an
establishment of religion”
• Establishes the separation
of church and state.
Separation of Church and State
• Government can support religion,
but not directly promote religion
• Everson v. Board of Education
students being bussed to parochial
school with city owned busses.
Found constitutional
McCullum v. Board of Education
• Students being released from regular
classes to attend religion classes in other
classrooms in the school
• Found unconstitutional
Zorach v. Clauson
• Students being released from regular
classes to attend religion classes in a
private location
• Found constitutional
Engel v Vitale
• School districts in New York were using a
non-denominational prayer at the start of
each day that read:
• Almighty god, we acknowledge our
dependence upon thee, and beg Thy
blessings upon us, our parents, our
teachers, our country
• Found Unconstitutional
Stone v. Graham
• In Alabama, school districts were require
to set aside a one-minute period of silence
for meditation and prayer.
• Found Unconstitutional
What is okay?
• All individuals have the right to
pray whenever and wherever they
please.
• Religious texts can be studied as
literature in schools, just not
sponsored.
EQUAL ACCESS ACT
• A school cannot discriminate
against any student group on the
basis of religious, philosophical, or
political viewpoints.
Excessive Entanglement Theory
• State aid to private schools
• The purpose of the financial aid
must be clearly secular
• Cannot advance nor inhibit
religion
• Must avoid entanglement
of government and religion
Lemon v. Kurtzman
THE LEMON TEST
• Property taxes were being used to pay the
salaries of teachers teaching secular
course at parochial schools, and to pay for
the school’s maintenance and repairs
• Found Unconstitutional
Mueller v. Allen
• A Minnesota law gave parents a tax
deduction of costs of tuition, textbooks, an
d transportation for elementary and
secondary school children.
• Found Constitutional
Lynch v. Donnelly
• City in Rhode Island, had a nativity scene
on city owned property. The scene also
included Santa and reindeer.
• Found Constitutional
Free Exercise of Religion
• All individuals have the right
to worship and BELIEVE as
they wish
• PRACTICE, can be limited.
Reynolds v. United States
• Reynolds was a practicing Mormon.
Mormons believe in polygamy (marrying
more than one wife). He was jailed for
breaking a federal law banning polygamy.
• Found constitutional