First Amendment: Freedom of Religion

1
First Amendment Freedom of Religion

• The First Amendment states that Congress shall
  make no law
• respecting an establishment of religion,
• or prohibiting the free exercise thereof

• We will look at each of these clauses of the
  First Amendment, the controversy and power
  struggles surrounding them and the way the Courts
  have interpreted and applied them.

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Religious Liberty Prior to 1791

• Colonial Practices
• Churches supported with taxes
• Voting rights tied to church membership
• Required to go to church on Sunday
• Declaration of Independence included a provision
  for religious freedom
• Constitution Article IV states that no
  religious test shall ever be required as a
  qualification to any office or public trust under
  the United States.
• Many believed, however, there was not enough
  protection for religious freedom

3
Drafting the First Amendment

• They asked, Should we establish a religion or
  not?
• Thomas Jefferson wrote that there should be a
  wall of separation between church and state.

4
The Establishment Clause

• The Establishment Clause of the First Amendment
  guarantees that the government will not create
  and/or support an official state religion.

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• Forbids the government from creating an official
  church
• Forbids the government from supporting one
  religion over another
• Forbids the government from supporting religion
  over non-religion

6
Separationists vs. Accomodationists
How high should the wall between church and state
be?
Accomodationists contend that the state should
not be separate from religion but rather should
accommodate it, without showing preference.
Separationists argue that a high wall should
exist between the church and state.
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Lemon v. Kurtzman

• In 1971, the Court ruled that New York state
  could not use state funds to pay parochial school
  teachers salaries.
• To be Constitutional the challenged law must
• Have a secular purpose
• Neither advance nor inhibit religion
• Not foster excessive government entanglement with
  religion.

• In 1980, this Lemon Test was used to invalidate a
  Kentucky law that required the posting of the Ten
  Commandments in public school classrooms.

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The Free Exercise Clause

• "Congress shall make no law.....prohibiting the
  free exercise thereof (religion)" is designed to
  prevent the government from interfering with the
  practice of religion.
• This freedom is not absolute. (Belief is
  protected action can be regulated)
• Several religious practices have been ruled
  unconstitutional including
• Denying medical treatment to a child
• use of illegal drugs
• Polygamy
• Nonetheless, the Court has made it clear that the
  government must remain NEUTRAL toward religion.