Government chapter 15 lesson 3

Reynold vs United States

In 1878 the U.S. Supreme court upheld the conviction of a Mormon man who had violated the criminal law against polygamy-having multiple spouses-even though his religion encouraged this practice at that time in history.

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Secular

Non-religious

Lemon vs. Kurtzman

Both Pennsylvania and Rhode Island adopted statutes that provided for the state to pay for aspects of non-secular, non-public education. The appellants in the Pennsylvania case represented citizens and taxpayers in Pennsylvania who believed that the statute violated the separation of church and state described in the First Amendment. Appellant Lemon also had a child in Pennsylvania public school. The district court granted the state officials' motion to dismiss the case. In the Rhode Island case, the appellees were citizens and tax payers of Rhode Island who sued to have the statute in question declared unconstitutional by arguing that it violated the Establishment Clause of the First Amendment. The district court found in favor of the appellees and held that the statute violated the First Amendment. The Court held that a statute must pass a three-pronged test in order to avoid violating the Establishment Clause.

School Prayer

Court has held that public schools cannot sponsor religious exercises. The court has not held that individuals cannot pray when and as they choose in schools or anywhere else, nor have they held that students cannot study the Bible in a literary or historical context

How does the establishment clause of the First Amendment protect freedom of religion?

It forbids state and federal governments from setting up churches, from passing laws aiding one or all religions, or from favoring one religion over another. It also forbids the government from passing laws requiring attendance at any church or belief in any religious idea.

How does the free exercise clause of the first amendment protect the freedom of religion?

It protects the right of individuals to worship as they choose. However, when an individuals right to free exercise of religion conflicts with other important interests, the First Amendment claim does not always win.

Wisconsin v. Yoder

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 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.

Engel v. Vitale

The New York State Board of Regents authorized a short, voluntary prayer for recitation at the start of each school day. A group of organizations joined forces in challenging the prayer, claiming that it violated the Establishment Clause of the First Amendment. The New York Court of Appeals rejected their arguments. he state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion.

Religious Displays by Governments

The establishment clause also prohibits some religious displays by the government. The Supreme court has ruled that in instances where governments display symbols of a variety of religions, or do so with a secular purpose, such displays are constitutional.

Why is the freedom of religion essential to our democracy?

The first 16 words to the first amendment deal with freedom of religion. Congress cannot intervene or make any laws regarding religion (prohibiting it). Everyone in the United States has the right to their own religion.

The Lemon Test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.

"wall of separation between church and state"

Thomas Jefferson referred to the establishment clause by this name. How high should the wall go up? The government aids many religious practices and the government encourages religion practice.

Oregon vs. Smith

Two counselors for a private drug rehabilitation organization ingested peyote -- a powerful hallucinogen -- as part of their religious ceremonies as members of the Native American Church. As a result of this conduct, the rehabilitation organization fired the counselors. The counselors filed a claim for unemployment compensation. The government denied them benefits because the reason for their dismissal was considered work-related "misconduct." The state appellate court reversed the denial of benefits, finding that the denial violated their First Amendment right to the free exercise of religion. The state supreme court affirmed the appellate court. the Court has never held that an individual's religious beliefs excuse him from compliance with an otherwise valid law prohibiting conduct that government is free to regulate.

Graven Images

an idol or physical object of worship