1st Amendment - Freedom of Religion

Religiously-tolerant colonies

* Rhode Island - even accepted Jewish people * Maryland - enacted Act of Toleration to forbid religious persecution * Argued for separation of Church and State

Examples of ways US Government supports religion

- Pledge of Allegiance ("one nation, under God") - "In God we trust" appears on money - church property is exempt from taxes - Congress opens its sessions with a prayer

2 freedom of religion clauses

1 - Establishment Clause - prohibits government-sponsored religion; government cannot support or hinder religion 2 - Free Exercise Clause - all people are free to engage in religious activities of their choice

Virginia Statute of Religious Liberty

1786 statue authored by Thomas Jefferson; principle of religious toleration established in Virginia to provide freedom of religion and seperation of Church and State; most extensive protection of religious freedom of its time

Welsh v. US

1966(?) decision that expanded the types of beliefs that can be used to get conscientious objector status; depth and fervency of one's beliefs, rather than their status as part of an established religious system, became fundamental to determining which views could exempt an individual from military service; Free exercise clause case.

Westside Community Schools v. Mergens

1990 - School district wanted to prohibit Bible study groups from meeting on school premises; Court ruled in favor of Mergens (Bible study group), because schools allowed other non-curricular groups to meet on school premises; proposed Christian club was a non-curricular group because it did not require students to become members, its subject matter was not taught in classes, it did not concern the school's cumulative body of courses, and its members would not receive academic credit for their participation; Court added that the Equal Access Act was constitutional because it served an overriding secular purpose by prohibiting discrimination on the basis of philosophical, political, or other types of speech. As such, the Act protected the Christian club's formation even if its members engaged in religious discussions.

Everson v Board of Education of New Jersey

5-4 in favor of Board of Education; 1947 case that dealt with Establishment Clause (separation of Church and State - prohibits the establishment of religion by Congress); New Jersey passed a law allowing tax money to be used to pay for public transportation to get children either to public or private schools; Everson filed a law suit saying that it violated the establishment clause; Supreme Court ruled in favor of the Board of Education, saying that the law valued all children equally

Lynch v. Donnelly

5-4 in favor of Donnelly; 1984 Court decision that 1st Amendment Establishment Clause allows religious displays on government property as long as there are sufficient commercial displays with it - "Two Plastic Animal" rule; passive or subtle references to religion are permitted as long as there is no explicit government preference for a single religion

Engle v. Vitale

6-1 in favor of Engle; 1962 Supreme Court case that ruled that mandatory prayer in public school violated the principle of separation of Church and State; violation of Establishment Clause

Zoarch v. Clauson

6-3 decision in favor of Clauson; 1952 case ruling that "released time" program neither established religion nor interfered with free exercise of religion; public facilities were not being used for religious instruction and "no student was forced to go to the religious classroom"

Lemon v. Kurtzman

8-0 decision in favor of Lemon; attempt to interpret Establishment Clause: "The Lemon Test"; 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular purpose, (2) have a primary effect that neither advances nor inhibits religion, and (3) not foster excessive government entanglement with religion

Church of the Lukumi Bablu Aye v. Hialeah

Animal sacrifice cannot be banned.

1st Amendment

Authored by James Madison; includes the Establishment Clause and the Free Exercise Clause

Oregon Employment Division v. Smith

Can a state deny unemployment benefits to a worker fired for using illegal drugs for religious purposes? Decision: Court ruled that Smith could not take peyote as part of his religious practices, because it was illegal under Oregon law, which was established for religiously neutral purposes; Court ruled that a law banning the use of peyote did not violate the free exercise of religion for Native Americans who wished to use the drug in religious ceremonies

History of religion in America

First established churches were run by Puritans and Anglicans; general legacy of faith; religious toleration rather than freedom

3 interpretations of Establishment Clause

Government cannot sponsor any official church; 1 - Broad interpretation - government cannot provide any aid to any religion whatsoever; no tax money to support any religious activity, but religious groups get same services everyone else gets (e.g., police,fire, etc.); government can provide assistance to make it easier for people to exercise their religions (e.g., schools closed during religious holidays) 2 - Narrow interpretation - government cannot give one religion preferential treatment over another religion; government can support religion as long as it does so impartially (e.g., "In God we trust" on money; nondenominational school prayer) 3 - LIteral interpretation - government cannot establish an official government religion but can participate in religious practices (e.g., can participate in Christmas celebrations as long as Christianity is not declared as the official religion

Puritans

Protestants who wanted to reform the Church of England (Anglican church) by removing Roman Catholic traces in practice and organization; believed there was only one religion; founded Massachusetts Bay Colony in 1627

Wisconsin v. Yoder

Wisconsin Compulsory School Attendance Law violated the Free Exercise Clause of the 1st Amendment because it required school attendance past the 8th grade and interfered with the rights of Amish parents to direct the religious upbringing of their children; court voted in favor of Yoder; hence, Amish children do not have to go to school until they are 16--they can stop after 8th grade