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The First Amendment: a. Protects 6 rights or Freedoms

Explore key court cases and debates regarding religious practices such as animal sacrifices, snake handling, and drug use in Native American churches within the context of the First Amendment.

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The First Amendment: a. Protects 6 rights or Freedoms

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  1. Freedom of Religion • The First Amendment: a. Protects 6 rights or Freedoms 1. The Government may not support religion 2. Freedom to practice religion 3. Freedom of Speech 4. Freedom of Press 5. Freedom to Assemble 6. Right to petition the government Freedom of Expression

  2. Freedom of Religion – The Religion Clauses • The Government may not support religion The Establishment Clause 2. Freedom to Practice your own religion The Free Exercise Clause

  3. THE FREE EXERCISE CLAUSE The First Amendment: “ Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof;”

  4. Church of Lukumi Babalu Aye v. The City of Hialeah 508 US 520 (1993)

  5. The city of Hialeah has a law against cruelty to animals. The city makes it a crime to purposely kill an animal within city limits. • The Church of Lukumi Babalu Aye is a blend of West African beliefs and Roman Catholicism • As part of the ceremonies of the religion, animals are sacrificed. • The city warned the leaders of the church that they would be arrested if they continued their practices. • They refused. The city arrested the church leaders. Should the Church of Lukumi Babalu Aye be allowed to sacrifice animals? Yes or No

  6. Snake Handling in Appalachia

  7. Snake handling is a practice that exists in certain fundamentalist Christian churches in the Appalachian region of the United States stretching from Georgia to Ohio. • The belief is that if a member is a true follower of the church then they will not be harmed by the snake. • Important fact: The snakes are poisonous • Approximately 80 people have died during Snake handling ceremonies since the founding of the practice. Should the Snake Handling churches be permitted handle poisonous snakes during their ceremonies? Yes or No

  8. The Native American Church and Drug Use

  9. Native American Church is a Christian Church that blends Native American spirituality and Christian beliefs. • During certain ceremonies members ingest peyote, a hallucinogenic drug. • Peyote is specifically used by teenagers in the church when they engage in a “coming of age” ceremony and go on a vision quest. • Peyote is a controlled substance and use of it is a crime like cocaine. • Members of the church who use peyote have been prosecuted. Should adult Native American Church members be permitted to use peyote in their ceremonies? Yes or no Should teenage Native American Church members be permitted to use peyote in their ceremonies? Yes or no

  10. Wisconsin v. Yoder 406 US 205 (1972)

  11. The state of Wisconsin has a truancy law that requires students to attend school until the age of 16. • The Amish in Wisconsin stop sending their children to school after the eighth grade. • . The state of Wisconsin prosecuted the parents of the Amish under the truancy law for failure to send their children to school. Should the Amish students be allowed to stop going to school after eighth grade? Yes or No

  12. Goldman v. Weinberger 475 US 503 (1986)

  13. Goldman was an officer and chaplain in the United States Air Force. • He was an orthodox Jew. • He wore a yarmulke • Air Force regulations forbid the wearing of any headgear except official Air Force headgear. In a combat zone hospital in Lebanon, only security air police could wear head gear. • Goldman wore his yarmulke. • He was court-martialed Should Goldman be allowed to wear his yarmulke? Yes or No

  14. What is the test? How do you figure out when the Government may interfere with a religious practice?

  15. THE FREE EXERCISE CLAUSE TEST THE TEST: The Government can interfere with the practice of religion only when it has a compelling reason. A compelling reason means a really, really good reason.

  16. Really Good Reason Religious Practice

  17. Pennsylvania: The Pennsylvania Statute 24, § 11-1112 (1982) reads: “(a) That no teacher in any public school shall wear in said school or while engaged in the performance of his duty as such teacher any dress, mark, emblem or insignia indicating the fact that such teacher is a member or adherent of any religious order, sect, or denomination. (b) Any teacher... who violates the provisions of this section shall be suspended from employment in such school for the term of one year, and in case of a second offense by the same teacher he shall be permanently disqualified from teaching in said school. Any public school director who after notice of any such violation fails to comply with the provisions of this section shall be guilty of a misdemeanor, and upon conviction of the first offense, shall be sentenced to pay a fine not exceeding one hundred dollars ($100), and on conviction of a second offense, the offending school director shall be sentenced to pay a fine not exceeding one hundred dollars and shall be deprived of his office as a public school director.”

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