Freedom of religion
Establishment clause
separates church and state
The Equal Access Act established the right of student religious groups to use school property the same as any other student group. The law was challenged, but the Supreme Court ruled that not allowing the meetings violated the 1st and 14th Amendment rights of the members of the student religious groups.
x
The Establishment Clause of the 1st Amendment prohibits the government from setting up or supporting any one religion. The Framers included the Establishment Clause in the Constitution to guarantee that U.S. citizens could worship or not worship in any way they choose.
x
The Supreme Court agreed with the Amish argument that modern education beyond the eighth grade restricted the group's free exercise of its religion. The Amish felt that their lifestyle as farmers and their religious beliefs would be harmed by modern education.
x
free exercise clause
guarantees the right to each person to believe whatever he or she chooses about religion
After the case of Lemon v. Kurtzman in 1971, the Supreme Court ruled that the purpose of state aid to private or parochial schools must not be religious, must not advance or inhibit religion, and must avoid too much mixing of government and religion.
x
In McCollum v. Board of Education, the Supreme Court struck down a "released time" program because the religious classes were held in public facilities. Four years later, the court upheld a similar program because the classes were held in private places, such as homes.
x
The 1st Amendment to the Constitution states, among other things, that Congress shall make no law restricting the free exercise of religion. This part of the 1st Amendment is commonly called the Free Exercise Clause.
x
Which of the following does the Establishment Clause prohibit the government from doing?
setting up an official religion
parochial
church-related, as with a parochial school
Which gave student religious groups the same right that other school groups have to hold meetings at school?
the Equal Access Act
Which part of the Constitution guarantees the right to each person to believe whatever he or she chooses about religion?
the Free Exercise Clause
Which part of the Constitution supports the Supreme Court's decision that Amish children do not have to attend school past the eighth grade?
the Free Exercise Clause
The Supreme Court ruled that public school students can attend religious classes during school if _____.
the classes are held on private property
After the case of Lemon v. Kurtzman, 1971, the Supreme Court decided the Establishment Clause was written to prevent three things when aiding private or parochial schools.
1. The purpose of the aid must not be religious. 2. The aid must not advance or inhibit religion. 3. The aid must avoid "excessive entanglement of government with religion"—or too much mixing of government and religion. Over the years, many aid programs have passed the Lemon test.
The lemon test
1. secular (non religious) purpose 2.neutral toward religious 3.sperate from religion
Which Supreme Court case established three rules for determining whether state aid to parochial schools is constitutional?
Lemon v. Kurtzman
What argument against parochial schools do opponents make?
Opponents of aid to parochial schools argue that since the parents choose to send their children to parochial schools, they must bear the costs of their decision.
Why does the Supreme Court allow prayer in Congress and state legislatures?
The Court has ruled that such prayer is constitutional because it has been part of the proceedings in legislatures since colonial days and because legislators are not influenced by religious teachings the way students are.
