Chapter 19.2Chapter 19.2

Freedom of ReligionFreedom of Religion

Religion and the Bill of RightsReligion and the Bill of Rights

Alexis de Tocqueville: churches & the Alexis de Tocqueville: churches & the genius of the countrygenius of the country

Early colonial history and religionEarly colonial history and religion

11stst & 14 & 14thth amendments: amendments: Prohibit the establishment of religionProhibit the establishment of religion Prohibit any arbitrary interference by Prohibit any arbitrary interference by

government (free exercise of religion)government (free exercise of religion)

Separation of Church and StateSeparation of Church and State

The Establishment Clause: The separation of church and The Establishment Clause: The separation of church and statestateControversial Issues:Controversial Issues:

Churches are tax-freeChurches are tax-free OathsOaths Beginning government sessions with prayerBeginning government sessions with prayer National anthem and currencyNational anthem and currency

Emerson v. Board of EducationEmerson v. Board of Education (1947): Public, tax- (1947): Public, tax-supported busing of students attending any school in the supported busing of students attending any school in the state, including parochial schools.state, including parochial schools.Released Time: Public schools must release students Released Time: Public schools must release students from school to attend religious classes.from school to attend religious classes.

Church and State (Continued)Church and State (Continued)

Prayers and the BiblePrayers and the BibleStudent Religious GroupsStudent Religious GroupsEvolutionEvolutionSeasonal DisplaysSeasonal DisplaysChaplains in Congress and the state Chaplains in Congress and the state legislatureslegislaturesTax ExemptionsTax ExemptionsState aid to parochial schoolsState aid to parochial schools

The The LemonLemon Test Test

Lemon v. Kurtzman (1971): Lemon v. Kurtzman (1971):

The Lemon Test:The Lemon Test: The purpose of the aid must be clearly The purpose of the aid must be clearly

secular, not religioussecular, not religious Its primary effect must neither advance nor Its primary effect must neither advance nor

inhibit religioninhibit religion It must avoid an excessive entanglement of It must avoid an excessive entanglement of

government and religiongovernment and religion

The Free Exercise of ReligionThe Free Exercise of Religion

The Free Exercise Clause: The right to The Free Exercise Clause: The right to believe whatever that person chooses to believe whatever that person chooses to believe in matters of religionbelieve in matters of religion

Restrictions: Cannot violate criminal laws, Restrictions: Cannot violate criminal laws, offend public morals, or threaten the offend public morals, or threaten the health, welfare, or safety of the communityhealth, welfare, or safety of the community Polygamy, school vaccination, snakes, “blue Polygamy, school vaccination, snakes, “blue

laws,” etc.laws,” etc.