1st Amendment: Freedom of Religion

1
1st 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
• Because it is vague, courts decides what it
  means.

2
What if Had An Established Religion?

• Government would create and support an official
  state churchoften
• tax dollars support that chosen church.
• that churchs laws become the law of the land.
• the nations leader, often heading the church,
  usually appoint the leading religious clerics.
• often other religions are excluded.

3
Drafting the First Amendment

• Authors asked, should government establish a
  religion or not?
• Thomas Jefferson wrote that there should be a
  wall of separation between church and state.
• Why? Because he was opposed to the Church of
  England being the official state supported
  religion.

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 that
  is prefer one over the other.
• Some want their religion to be the preferred
  religion by government, want government to
  force or coerce all citizens to practice their
  right religion - but the Constitution is there
  to stop them to keep the government neutral.

5
The Supreme Court and the Establishment Clause

• The Supreme Court has ruled that official lead
  prayer and bible reading (religious services) in
  government schools are a unconstitutional
  violation of separation of church state.
• Remember, the constitution protects you from
  government, thus, private schools are exempt from
  restrictions.

6
Establishment clause

• The Court prohibits organized Bible reading and
  prayer in public schools because why?
• pressure to conform can cause one to think less
  of another who believes differently
• And is either a direct or indirect coercion on
  minority.
• Youth are impressionable.

7
Engel v. Vitale 1962

• Brought by parents of public school students in
  New York who complained the prayer to "Almighty
  God" contradicted their religious beliefs.
• Prayer in question was "Almighty God, we
  acknowledge our dependence upon Thee, and we beg
  Thy blessings upon us, our parents, our teachers
  and our country. Amen.
• Plaintiffs argued what?
• The court decided what?

8
Abington ISD, PENN v. Schempp Murray v. Curlett
(1963)

• Cases dealt with state-approved reading of Bible
  passages before classes in public schools.
•  
• Who were the Schempps what was their legal
  problem?
•  
• Who were the Murrays what was their legal
  problem?
•  
• In 1963 what did the Supreme Court decide?

9
Establishment clause

• Marsh v. Chambers 1983. Open govt meetings
  w/prayer ok since it is only a tolerable
  acknowledgement of beliefs.

10
Lemon v. Kurtzman

• In 1971, Lemon v. Kurtzman, the Court ruled that
  New York state could not use state funds to pay
  parochial school teachers salaries.
• To be Constitutional the challenged religious
  practice must meet the following test

• In 1980, this Lemon Test was used to invalidate a
  Kentucky law. What happened?

11
See You at the Pole

• Student participation before - or after
  government school events, such as see you at the
  pole, is permissible.
• Government school officials, acting in an
  official capacity, may neither discourage nor
  encourage participation in such an event.

12
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.
• Some religious practices have been ruled illegal.
• Nonetheless, the Court has made it clear that the
  government must remain NEUTRAL toward religion.
  Govt cannot attack religious practices it
  disagrees with, or church leaders it opposes
  unless when injuring others violating the law.

13
Free Exercise clause

• Freedom to believe is greater than the freedom to
  act.
• Do anything you want as long as no harm to
  others.
• Therefore, we do have laws restricting some
  religious practices.

• Can you think of examples of religious practices
  that should be regulated or prohibited?

14
Free Exercise clause

• How about war religious beliefs?
• How about native American use of prohibited drugs.

15
Free Exercise clause

• 2/13/01 Rev. Dixon arrested church seized by
  US Marshals for nonpayment of 6 million in
  taxes. How could he have avoided this problem?

16
Elk Grove Unified School District v. Newdow,
2004Pledge of Allegiance

• Pledge written 1892 by Baptist minister Francis
  Bellamy, who made no reference to religion in his
  version "I pledge allegiance to my flag and the
  republic for which it stands, one nation,
  indivisible, with liberty and justice for all."
  Became a part of public school programs. In 1954,
  Congress added "under God," after pressure by
  Catholics.
• Newdow is atheist who didnt want 3rd grade
  daughter reciting the religious part and sued,
  even though legally it is voluntary only, Newdow
  argued that there is indirect coercion and a
  violation of separation. Students should not
  feel compelled by school officials to recite to
  show love of country.
• 9th circuit banned that part of pledge but the
  Supreme Court dismissed the case arguing that
  father had no standing to challenge the case,
  (he didnt have to say the pledge). Thus, the SC
  invited someone who does have standing to file a
  new case.

17
Bottom Line of Establishment Free Exercise
clauses

• Remember intent of Constitution authors
  individual liberty not forced group think!
• We have seen how some countries of the world are
  extremist religious totalitarian dictatorships
  where individuals have NO rights, and are forced
  to practice government religious beliefs and how
  some in America have similar scary views with
  horrific results.
• In our free USA, one has NO legal right to impose
  his religious beliefs on you, or to use
  government to do so!
• In our free USA, one has NO legal right to use
  his religion as a fanatical intolerant spiritual
  weapon against those who disagree with him.