AP Gov: Freedom of Religion/Separation of Church and State

When you see Engel v. Vitale think:

1st Amendment: School Sponsored prayer in whatever religion-violates Establishment Clause

Summarize the three prong test used by Justices after the Lemon v. Kurtzman ruling.

Created in the ruling of Lemon v. Kurtzman, the Supreme Court created what became known as the "Lemon Test" to determine whether or not the government is in violation of the Establishment Clause. The Lemon Test has three prongs, and the government will be seen as violating the Establishment Clause if any of the three prongs are violated:

Wisconsin v. Yoder: Question

Did Wisconsin's requirement that all parents send their children to school at least until age 16 violate the First Amendment by criminalizing the conduct of parents who refused to send their children to school for religious reasons?

Engel v Vitale: Question

Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment?

When you see Wisconsin v. Yoder think

Free Exercise Clause, there would be no compelling reason as to why those students would have to go to school.

Wisconsin v. Yoder: Facts of the Case

Jonas Yoder and Wallace Miller, both members of the Old Order Amish religion, and Adin Yutzy, a member of the Conservative Amish Mennonite Church, were prosecuted under a Wisconsin law that required all children to attend public schools until age 16. The three parents refused to send their children to such schools after the eighth grade, arguing that high school attendance was contrary to their religious beliefs.

Read the First Amendment to the US Constitution. Summarize the Establishment Clause.

The first amendment states that the government shall make no law in the establishment of religion. In other words, the government cannot promote or establish any religion (or religion in general) in the United States.

Read the First Amendment to the US Constitution. Summarize the Free Exercise Clause.

The first amendment states that the government shall make no law prohibiting the free exercise of religion. In other words, the government will not interfere in an individual practicing their religion.

Three Prong: 1st Prong

The law/action/statute must have a secular (non-religious) legislative purpose

Three Prong: 2nd Prong

The law/action/statute must not advance or inhibit religion.

Three Prong: 3rd Prong

The law/action/statute must not foster an excessive government entanglement with religion

Lemon Test:

Violation of the Establishment Clause

Engel v Vitale: Rationale

Yes. Supreme Court Ruling (from oyez.org): 6-1 Decision: The state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion. In an opinion authored by Hugo L. Black, the Court held that respondent's decision to use its school system to facilitate recitation of the official prayer violated the Establishment Clause. Specifically, the policy breached the constitutional wall of separation between church and state. The Court ruled that the constitutional prohibition of laws establishing religion meant that government had no business drafting formal prayers for any segment of its population to repeat in a government-sponsored religious program. The Court held that respondent's provision of the contested daily prayer was inconsistent with the Establishment Clause.

Wisconsin v. Yoder: Rationale

Yes. Supreme Court Ruling (from oyez.org): Unanimous Decision: The Court held that individual's interests in the free exercise of religion under the First Amendment outweighed the State's interests in compelling school attendance beyond the eighth grade. In the majority opinion by Chief Justice Warren E. Burger, the Court found that the values and programs of secondary school were "in sharp conflict with the fundamental mode of life mandated by the Amish religion," and that an additional one or two years of high school would not produce the benefits of public education cited by Wisconsin to justify the law. Justice William O. Douglas filed a partial dissent but joined with the majority regarding Yoder. Justices Lewis Powell and William Rehnquist took no part in the consideration or decision of the case.

Engel v Vitale Facts of the Case:

The Board of Regents for the State of New York authorized a short, voluntary prayer for recitation at the start of each school day. The blandest of invocations read as follows: "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country." Students were allowed to opt out.