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Freedom of Religion

Freedom of Religion. Establishment Clause. Establishment Clause- “Congress shall make no law respecting an established religion” Free Exercise Clause- prohibits government from unduly interfering with the free exercise of religion. Seem clear- but even today is blurred

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Freedom of Religion

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  1. Freedom of Religion

  2. Establishment Clause • Establishment Clause- • “Congress shall make no law respecting an established religion” • Free Exercise Clause- prohibits government from unduly interfering with the free exercise of religion. • Seem clear- but even today is blurred • Are Christians rights being violated?

  3. Establishment Clause • In Jefferson’s view- clause created a “wall” that separated church and state. • Does this mean church and state can have no connection at all? How high a wall? • Pledge • Oath of office • Public/city meeting open with prayer • Controversial in today’s society

  4. Everson v Board of Education • Bussing of children to parochial schools • State law paid for this transportation • Challenge- state support of a religion. • Constitutional- law benefited students not religion • ***Key to establishment clause” • Government cannot pick or favor one religion or aid any religions.

  5. Parochial Schools • Constitutional state aid- 3 part test • 1. Secular non-religious • 2. Effect is neutral in regards to religion • 3. Avoids excessive “entanglement” in religion on part of government. • Secular/ non religious text books • Computers/ school supplies • Benefits to students

  6. 3 Decisions • Prayer and bible reading in schools • Engel v Vitale • Prayer developed and used in school district • Prayer ruled unconstitutional • Abington School Dist v Schempp • Murray v Curlett • School sponsored prayer / bible reading unconstitutional – pre-game prayers

  7. Religion and School • Law in Congress in 1984 permitting student/religion groups to meet in public schools. • Ruled constitutional as long as school members not part of • Theory of Evolution- “Scopes Monkey Trial” • Cannot ban theory of evolution and cannot teach creationism. Controversial

  8. Other Issues • Christmas displays in public parks/squares • School celebrations- Christmas or other holidays • Ban on school prayer did not extend to government meetings • Did it in colonial times and was not trying to indoctrinate students or people.

  9. Free Exercise Clause • Court makes distinction between belief vs practice of religion or religious activities • Mormons- polygamy • Practices cannot violate law • Vaccination requirements • Some exceptions- Amish and public school attendance • Right or wrong

  10. Flag/Pledge • Requirements today • Cannot have prayer- moment of silent reflection • Cannot force or punish students for pledge

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