Section 2 Introduction-1

1. Freedom of Religion • Key Terms • establishment clause, free exercise clause, parochial school, secular, abridge, precedent • Find Out • • What is the difference between the establishment clause and the free exercise clause of the First Amendment? • • Why did the Court allow state-supported bus transportation for parochial schools but ban their use for field trips? Section 2 Introduction-1

2. Freedom of Religion • Understanding Concepts • Cultural PluralismHow does the free exercise clause protect the diverse cultures and religious practices in the United States? • Section Objective • Explain the establishment and free exercise clauses that define the First Amendment’s guarantee of religious freedom. Section 2 Introduction-2

3. The Supreme Court in 1962 ruled 6 to 1 against allowing prayers in public schools. The specific case dealing with this issue was Engle v. Vitale, for which Justice Hugo Black wrote the Court’s opinion, finding that school prayers violated the establishment clause of the First Amendment. Section 2-1

4. I. The Establishment Clause (pages 358–363) • A. This clause forbids Congress from passing legislation to establish a single religion for the United States. • B. The First Amendment’s guarantee of the free exercise of religion forbids Congress from passing laws limiting the practice of religion. • C. In practice, religion is important to public life in the United States, and defining separation between church and state has been difficult. • D.Establishment clause cases often involve religion and education. Section 2-2

5. I. The Establishment Clause (pages 358–363) • E. Since the Everson ruling in 1947, the Court has ruled some forms of state aid to parochial schools constitutional but has rejected others. • F. The Court has ruled state aid to parochial schools constitutional: • 1. iftheaidhasaclearnonreligiouspurpose; • 2. if its main effect is to neither advance nor inhibit religion; • 3. if it avoids excessive government entanglement with religion. Section 2-3

6. I. The Establishment Clause (pages 358–363) • G. The Court has allowed released time for religious instruction during the school day if the instruction is provided away from the public schools. • H. The Court has struck down organized school prayers but has allowed student religious groups to hold meetings in public schools; debate on the Court’s rulings involving religion has been heated and sharply divided. Section 2-4

7. I. The Establishment Clause (pages 358–363) • I. The Court also has ruled that states cannot ban the teaching of evolution in public schools or require the teaching of creationism. • J. Other interpretations of the establishment clause have involved Christmas nativity displays in public places and prayers at government meetings. Section 2-5

8. I. The Establishment Clause (pages 358–363) Why has the Supreme Court upheld some kinds of state aid to parochial schools and struck down other kinds of aid? Because of its interpretation of the free exercise and establishment clauses. Section 2-6

9. II. The Free Exercise Clause (pages 363–364) • A. The Supreme Court makes an important distinction between religious belief and practice. • B. Religious freedom cannot justify behavior or practices that violate laws protecting the health, safety, or morals of the community. • C. Amish parents could not be forced to send their children to public school beyond eighth grade; children of Jehovah’s Witnesses could not be required to salute the flag in the classroom. Section 2-7

10. II. The Free Exercise Clause (pages 363–364) Compare the effects of the establishment clause and the free exercise clause of the First Amendment on the freedom of religion that United States citizens enjoy. Answers will vary. Students should use specific examples. Section 2-8

11. Checking for Understanding • 1. Main Idea Use a Venn diagram like the one below to show the difference between the establishment clause and the free exercise clause of the First Amendment and what they have in common. • establishment clause: no single church or set of beliefs can predominate; both: wall of separation between church and state; free exercise clause: the right to hold any religious beliefs is absolute Section 2 Assessment-1

12. Checking for Understanding • A. limit • B. operated by a church or religious group • C. the First Amendment guarantee that prohibits government from unduly interfering with the free exercise of religion • D. a model on which to base later decisions or actions • E. nonreligious • F. the First Amendment guarantee that “Congress shall make no law respecting an establishment of religion” Match the term with the correct definition. • ___ establishment clause • ___ free exercise clause • ___ parochial school • ___ secular • ___ abridge • ___ precedent • F • C • B • E • A • D Section 2 Assessment-2

13. Checking for Understanding • 3. Identify Equal Access Act. • The Equal Access Act allows public high schools receiving federal funds to permit student religious groups to hold meetings in the school. Section 2 Assessment-3

14. Checking for Understanding • 4. What three-part test does the Supreme Court use to determine if government aid to parochial education is constitutional? • Aid must have a clearly secular purpose, must neither advance nor inhibit religion, and must not involve “excessive government entanglement with religion.” Section 2 Assessment-4

15. Critical Thinking • 5. Recognizing Ideologies Do you think that prayer in public schools is permitted or disallowed by the establishment clause and/or the free exercise clause of the First Amendment? Explain your answer. • Answers will vary. Some students may contend that if such prayers neither favor nor discriminate against specific religions, church and state separation is maintained. Other students may argue that any religious activity in public schools destroys that separation. Section 2 Assessment-5

16. Cultural Pluralism Study the free exercise and establishment clauses. Take a position on the following: Government buildings should be allowed to place the motto “In God We Trust” in public view. Outline the reasons for your position, then create a banner or poster stating your position. Section 2 Concepts in Action