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Freedom of Religion

Freedom of Religion. Chapter 5, Theme 3. Freedom of Religion. There are 2 main parts dealing with religious freedom: Establishment Clause: “Congress shall make no law respecting an establishment of a religion…” Free Exercise Clause: “…or prohibiting the free exercise thereof.”

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Freedom of Religion

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  1. Freedom of Religion Chapter 5, Theme 3

  2. Freedom of Religion • There are 2 main parts dealing with religious freedom: • Establishment Clause: “Congress shall make no law respecting an establishment of a religion…” • Free Exercise Clause: “…or prohibiting the free exercise thereof.” • Watch clip. Take notes!

  3. Ambiguity of Establishment Clause • To which level of government did the 1st Amendment pertain originally? Prove it! • Does the 1st Amendment speak to “separation of church & state?” Does it imply it? • How did the Amendment come to pertain to states? • Discuss the Everson decision & incorporation.

  4. Interpretation of the Establishment Clause • Outline the three views of interpretation: • Broad view • Narrow view • Literal view • Complete sheet! Do A-F. • Discuss cases using “Lemon” Test. • Discuss government & religion in practice. • Watch Marsh v. Chambers & discuss.

  5. Interpretation of the Free Exercise Clause • Why is it important to exercise your religion without interference? • Why is the free practice still regulated sometimes? • Cantwell v. CT incorporated “free exercise” to states. (Jehovah Witness practice of door-to-door) • The “test” for free exercise clause is: • Is the law to which religious adherents object neutral and applicable to everyone? • If the law is not neutral or applicable to all, did the government have a compelling interest for enacting it?

  6. Interpretation of the Free Exercise Clause • Government has the burden of proof in free exercise cases. • Discuss Smith v. Oregon case & decision. • Peyote is illegal because it is dangerous • Applies to all • Constitutional • Discuss Church of the Lukumi Babalu Aye v. Hialeah. • Killing animals is legal in most cases • Did not apply to all • Unconstitutional • Do Cases G-J on sheet & discuss.

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