Chapter 19 Section 2

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Chapter 19 Section 2

• Objective To understand the importance of
  religious freedom in the United States.

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A. Religion and the Bill of Rights

• 1 Many of the early colonists came to America to
  escape religious persecution.
• 2. The 1st and 14th amendments prohibit the
  establishment of a state religion
  (non-establishment clause) and any interference
  with the free exercise of religion (exercise
  clause).

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B. Separation of Church and State

• 1. The non-establishment clause implies a
  separation of church and state (wall or gate?)
• 2. Released time the Court has allowed schools
  to release children from school to attend
  religious classes if the classes are held on
  private property.

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• 3 Prayers and the Bible The Court has ruled
  against any laws requiring or suggesting prayers
  or the religious use of the bible in public
  schools.
• 4. Student Religious groups The Court has ruled
  that schools must allow student religious groups
  to meet in the school on the same terms that it
  sets for other student organizations Equal
  Access law.

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• 5. Evolution The Court has struck down state
  laws prohibiting the teaching of evolution of
  mandating the teaching of creationism.
• 6. Seasonal displays The Court has held that
  public displays of religious beliefs are
  permissible only if they are part of an otherwise
  nonreligious or multireligious display.
• 7. Chaplains in Congress and the State
  Legislatures The Court allows daily prayer in
  Congress and the State legislatures because such
  prayer is based on tradition and because adults,
  unlike school children, are not susceptible to
  religious indoctrination or peer pressure.

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• 8. Tax Exemptions The Court allows tax
  exemptions for religious organizations, but
  denies tax-exempt status to religious
  organizations that practice racial
  discrimination.
• 9. State aid to Parochial Schools it exists in
  many forms, but it is controversial..it must
  comply with the Lemon Test

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• 10. The Lemon Test criteria set up by the court
  following a Supreme Court case
• State aid must be secular not religious
• Primary effect must not be to aid or inhibit
  religion
• Must avoid excessive entanglement of
  government with religion.

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C. The Free Exercise of Religion

• 1. Every person in guaranteed the right to
  believe whatever that person chooses to believe
  in matters of religion.
• 2. The Court limits the free exercise of religion
  in cases where such exercise violates social
  duties or is subversive of good order.
• 3. The Court also protects free exercise in the
  face of strong public pressure against it.