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Reading Reaction. What is the establishment clause? What is the free exercise clause? Do you believe a separation between church and state is necessary for running a successful nation?. Freedom of Religion. First Amendment.
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Reading Reaction • What is the establishment clause? • What is the free exercise clause? • Do you believe a separation between church and state is necessary for running a successful nation?
First Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Establishment Clause Freedom of Religion Free Exercise Clause
Establishment Clause • Part of the First Amendment to the U.S. Constitution that state government may NOT: • Endorse any church • Pass any laws that aid any religion • Favor one religion over another • Force citizens to attend church
Endorsement Test • Asks… • Does the challenged law or gov’t action have either purpose or the effect of endorsing religion in the eyes of the community? • Has the gov’t conveyed a message that nonbelievers are “outsiders” and not members of the political community?
Lemon Test (1971) • The challenged law or gov’t action must have a secular, or nonreligious, purpose • The primary effect of the law or action must be neither to advance or inhibit (hold back) religion • The law or action must not excessively entangle gov’t with religion
Free Exercise Clause • Part of the First Amendment that protects an individual’s right to worship as they choose. • Government cannot prohibit or interfere with religious practice without good reason.