Freedom of Religion

1. Freedom of Religion To understand the relationship between religion and government

2. The First Amendment • The founding fathers had a deep concern about the relationship between church and state

3. The First Amendment • The founding fathers had a deep concern about the relationship between church and state • There are two clauses that protect religious freedom:

4. The First Amendment • The founding fathers had a deep concern about the relationship between church and state • There are two clauses that protect religious freedom: • The establishment clause forbids the gov’t from setting up a state religion, and it prohibits it from endorsing a religion

5. The First Amendment • The free exercise clause protects the rights of the individuals to worship as they choose

6. The Establishment Clause • Jefferson referred to this clause as a “wall of separation between church and state”

7. The Establishment Clause • Jefferson referred to this clause as a “wall of separation between church and state” • IF there is a wall, then why don’t churches pay property taxes? Isn’t this support for churches?

8. The Establishment Clause • Supreme Court has several tests for cases in this realm:

9. The Establishment Clause • Supreme Court has several tests for cases in this realm: • Endorsement Test – was the intent to endorse religion in the eyes of the community?

10. The Establishment Clause • Supreme Court has several tests for cases in this realm: • Endorsement Test – was the intent to endorse religion in the eyes of the community? • Three-part Test

11. The Establishment Clause • Supreme Court has several tests for cases in this realm: • Endorsement Test – was the intent to endorse religion in the eyes of the community? • Three-part Test • The gov’t action/law must have a secular purpose

12. The Establishment Clause • Supreme Court has several tests for cases in this realm: • Endorsement Test – was the intent to endorse religion in the eyes of the community? • Three-part Test • The gov’t action/law must have a secular purpose • The primary effect of the action must not hinder nor advance religion

13. The Establishment Clause • Supreme Court has several tests for cases in this realm: • Endorsement Test – was the intent to endorse religion in the eyes of the community? • Three-part Test • The gov’t action/law must have a secular purpose • The primary effect of the action must not hinder nor advance religion • The operations of an action must not cause an entanglement of gov’t and religion

14. The Establishment Clause • Important decisions under the establishment clause include:

15. The Establishment Clause • Important decisions under the establishment clause include: • An end to school sponsored prayer (even voluntary prayer led by a school)

16. The Establishment Clause • Important decisions under the establishment clause include: • An end to school sponsored prayer (even voluntary prayer led by a school) • Types of funding to parochial schools

17. The Free Exercise Clause • While your right to worship as you choose is protected, it is only protected as long as it does not conflict with other important interests

18. The Free Exercise Clause • While your right to worship as you choose is protected, it is only protected as long as it does not conflict with other important interests • Religious belief is protected, however actions on a belief may be restricted

19. The Free Exercise Clause • While your right to worship as you choose is protected, it is only protected as long as it does not conflict with other important interests • Religious belief is protected, however actions on a belief may be restricted • Ex. Mormon practice of polygamy

20. The Free Exercise Clause • If gov’t intentionally interferes w/ religious practice, then the courts will side with religion

21. The Free Exercise Clause • If gov’t intentionally interferes w/ religious practice, then the courts will side with religion • Ex. Florida city banned animal sacrifice in an attempt to limit practice of the Santeria religion

22. The Santa Clause