Freedom of religion

Establishment clause

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." 1) Congress can't establish an official religion or endorse any religion 2) Congress can't stop any individual from freely exercising their religion

What can or can't you do with regards to religion in a public school?

- cannot have prayer (often have a moment of silence instead) - can study the Bible as literature - can have a Christian club Main thing is it has to be completely voluntary

Tendencies of the government when it comes to religion:

1. Government can't pray 2. One cannot break the law in the name of their religion 3. Allow for historical tradition (ex: in God we trust, one nation under God, allowing Amish to not go to school) 4. A group cannot be singled out because of their religion (all groups get same rights)

Lemon test (Lemon v. Kurtzman)

A) A law must have a secular (non-religious) purpose B) It must not advance nor inhibit religion. C) It must avoid "excessive government entanglement" with religion.

Religious Freedom Restoration Act (RFRA) of 1993

Aimed to override the Smith decision and to restore the earlier standard of prohibiting the government from limiting a person's exercise of religion unless the government demonstrates a "compelling interest" to do so

Employment Division v. Smith

Laws may burden a particular religious practice, as long as they do not single out religious practices

Vouchers

Money provided by the government to parents for payment of their children's tuition Upheld in Zelman v. Simmons' Harris

Everson v. Board of Education of Ewing Township

Said the establishment clause created a "wall of separation" between church and state

Can the government support religious schools?

Yes, but only if the money is used for a secular purpose