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e. The National anthem, Pledge, and motto all refer to God.

2. Jefferson said the Establishment Clause erects a wall separating church and state – nevertheless, throughout our history the gov’t has actually encouraged religion in a number of ways: a. Fire/Police protection given to churches. b. Churches exempt from taxes.

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e. The National anthem, Pledge, and motto all refer to God.

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  1. 2. Jefferson said the Establishment Clause erects a wall separating church and state – nevertheless, throughout our history the gov’t has actually encouraged religion in a number of ways: • a. Fire/Police protection given to churches. • b. Churches exempt from taxes. • c. Public officials/witnesses take an oath under God. • d. Chaplains serve in armed forces at taxpayers expense.

  2. e. The National anthem, Pledge, and motto all refer to God. • f. Public meetings and Congressional sessions open with prayer. • Jefferson saw an impenetrable wall, there has been intermingling between religion and gov’t from the beginning.

  3. 3. Throughout our history the S.C. has interpreted the Est. Clause in one of three ways: • 1. Broad Interpretation – the gov’t can not: • a. set up an official church (no theocracy) • b. use tax $ to support any religious activity, practice or institution. • c. give aid to all religions. • d. aid or hurt one religion or give preference to on religion over another. • e. No excessive entanglement between church and state: Law effecting religion must be secular in purpose.

  4. 2. Narrow Interpretation • a. Gov’t is only prohibited from giving one religious group preferential treatment over all others. • b. Does not prohibit gov’t from supporting religion so long as it is impartial.

  5. 3. Literal Interpretation • a. Only prohibits the establishment of an official religion. • b. Gov’t could participate in x-mas celebration so long as the gov’t did not declare Christianity to be the official established religion.

  6. Lemon Test • 3 Part test to decide if aid violates est. cl. • 1) Aid must have a clear secular, non-religious purpose. • 2) The aid can neither advance nor inhibit religion. • 3) Aid must avoid excessive entanglement w/ religion.

  7. 1-5: State Aid to Parochial Schools • 1) Ok. Benefited Child more than the church. • 2) Ok. Child Benefit Doctrine. • 3) Not ok. Could Benefit Church. • 4) Not ok. Could Benefit Church. • 5) Ok. Benefits child, parents waiving right to free public education.

  8. 6-7:Release time for students • 6) Not ok. Uses tax-supported facilities to further religion. • 7) Ok. Instruction was off campus.

  9. 8-11: School Prayer and Bible • 8) Not ok. Benefits religion. • 9) Not ok. Benefits religion. • 10) Not ok. In law purpose mentioned is prayer. • 11) Ok. As long as opportunity given to ALL groups.

  10. 12-13: Evolution/Creation Science • 12) Not ok. Can’t ban evolution. • 13) Not ok. Primary purpose is to endorse a particular religion.

  11. Other • 14) Ok. If includes secular items (reindeer, santa, x-mas tree) • 15) Not ok. Endorses one particular religion. • 16) Ok. Not one particular religion. • 17) Ok. Legislators (unlike kids) are not susceptible to religious indoctrination and prayers date to colonial times.

  12. 18) Ok. As long as it applies to ALL religions. • 19) Ok. If for secular puproses ONLY. • 20) Not ok. Endorses one religion.

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