Freedom of Religion Scenarios

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Freedom of Religion Scenarios

• EQ How does the Supreme Court apply the 1st
  amendment to freedom of religion cases?

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Scenarios

• Polygamy http//www.aolnews.com/2010/09/29/utah-p
  olice-investigate-polygamist-stars-of-reality-tv/
  

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Freedom of Religion Scenarios

• Reynolds v. United States
• Bigamy does not fall under free exercise clause-
  it is subversive to the social order and has
  been prohibited under English law since time of
  King James, on which American law is based
• Jacobsen v. Massachusetts
• upheld the authority of states to pass mandatory
  vaccination laws.
• b/c freedom of the individual must sometimes be
  subordinated to the common good of society
• Epperson v. Arkansas
• Arkansas law is unconstitutional b/c its purpose
  is to advance the belief of a particular
  religious group? violates the Establishment Clause

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Freedom of Religion Scenarios

• Employment Division v. Smith
• The state won the case.
• states have the power to accommodate otherwise
  illegal acts done in pursuit of religious
  beliefs, they are not required to do so.
• Westside Community Schools v. Mergens
• The club could hold their meetings but the
  sponsor could not be paid
• b/c school cannot advance nor INHIBIT religious
  beliefs
• Lee v. Weisman
• No school prayer, not even non-denominational!