Freedom of Religion

1st Amedment

1st Amendment

Congress shall make no law respecting an establishment of religion,

or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a

redress of grievances.

● The 1st amendment applies to the federal government ONLY and their employees

● States make their own constitution but they generally have the same rights as the Bill of Rights

Who the 1st Amendment applies to

Legal TestsLemon Test 1. Primarily secular purpose2. Primarily secular effect3. Avoids excessive entanglement with religion

Test is very old and most judge’s don’t like the test so they don’t use it

Kennedy’s Coercion Test- policy or law only violates 1st amendment if it coerces (forces) people

O’Connor’s Test- any endorsement of religion/specific religion by the federal government violates (Breaks) the 1st amendment

● School began every day with a prayer the school made

● Parents of a student filed suit claiming that the words “almighty god” goes against their religion and violates the 1st amendment

Does the school prayer violate the 1st amendment?

Situation 1:

Engel v. Vitale● Yes● Why?

○ Even though the prayer is voluntary and doesn’t speak specifically to a certain religion it is still promoting religion

○ This history of the establishment clause was to prevent the promotion of religion at all by the state

Situation 2:A school in Connecticut invited a rabbi was invited to speak at a schools graduation but was given a pamphlet asking him to keep the prayer neutral

Did the school violate the 1st amendment by bringing in a rabbi at graduation?

Lee v. Weiseman● Yes● Why?

○ Principal chose the religious speaker, he is acting on behalf of the state○ Principal clearly had a say over the content and he chose one religion over another

neutral speaker○ Trying to give guidelines is insufficient○ The students are forced to listen during graduation, no way to avoid hearing the prayer

unless skip the graudation● Opposing side

○ This is allowing the tradition of having religious speakers at graduations○ Weren’t coerced- have ways to show dissent in crowd○ This promotes tolerance

Situtation 3:● School had prayer before school football games● Students voted on whether there should be prayer and who

should lead the prayer

Does the school prayer violate the 1st amendment?

Santa Fe v. Doe● School prayer is unconstitutional● Why?

○ Can’t make students chose over the const. rights or attending the game○ School admin decided the content- clearly were completely involved in the

process, absolutely no separation of church and state○ Not private speech because endorsed by the state here

Situtation 4:● A man filed a lawsuit against a Board of Education that was reimbursing money to

parents who have to drive their children to Catholic schools.

● As a taxpayer, he thought he shouldn't have to pay for those costs.

Was the School Board violating the 1st Amendment ?

Everson v. Board of Education● NO● Why?

○ The Supreme Court found the statute was not unconstinutional because it was designed to provide a benefit to the parents of all school children.

○ It didn’t matter what religious function the children were engaged in.

● Situation 5● The Cleveland public schools were performing badly, and in an effort to

resolve this issue, the state of Ohio put into effect a school voucher plan under which parents could choose to enroll their children in private schools taking part in the program.

● Since a great majority of the private schools were linked to religious groups, Ohio taxpayers filed a law suit against the program saying it violated the 1st Amendment.

Did the voucher program violate the 1st Amendment?

ZELMAN v. SIMMONS-HARRIS● No.● Why?

○ The purpose of the program was non religious. It was meant to help poor children in failing public schools to complete their education.

○ All Schools regardless of religious association were able to take part in the program, therefore it couldn’t be a violation of the Amendment.

● Situation 6:● Sydell Stone and a number of other parents challenged a Kentucky state

law that required the posting of a copy of the Ten Commandments in each public school classroom. They filed a claim against James Graham, the superintendent of public schools in Kentucky

Does the Kentucky law violate the 1st Amendment.

STONE v. GRAHAM● Yes.● Why?

○ Court ruled that the Kentucky law violated the first part of the Lemon test, and thus violated the 1st Amendment.

○ The Court found that the requirement that the Ten Commandments be posted had no non-religious purpose and was plainly religious in nature.

○ Also the Commandments did not confine themselves to only non-religious matters (such as murder, stealing, etc.), but rather concerned matters such as the worship of God and the observance of the Sabbath Day.

● Situtation 7:● Elk Grove School District teachers began school days by leading students

in a voluntary recitation of the Pledge of Allegiance, including the words "under God”.

● A father whose daughter attended Elk Grove sued in federal district court arguing that making students listen - even if they choose not to participate - to the words "under God" violates the 1st Amendment.

Does the school rule violate the 1st Amendment?

NEWDOW v. U.S. CONGRESS● No.● Why?

○ The Supreme Court found that Newdow (the father) did not have standing to bring suit because he did not have legal custody over his daughter.

○ Because it found that Newdow did not have standing, the Court didn’t address the constitutional question at all.

● Situtation 8:● 3 Amish families were members of the Amish religion. Wisconsin’s

mandatory school-attendance law required them to make their children attend public or private school until they reach 16.

● The families refused to send their children to public school after completion of the eighth grade. The families were convicted of violating the law and fined $5 each.

Does the Wisconsin law violate the 1st Amendment?

WISCONSIN V. YODER● Yes.● Why?

o The Amish object to high school education because the values taught there are very different from the Amish values and way of life.

o It places Amish children in an environment hostile to their beliefs and takes them away from their community during an important period in their life.

o The Amish do not object to elementary education.o In order for Wisconsin to force such attendance, it must show that either

the State does not deny the free exercise of religious belief by its requirement or that there is a state interest important enough to override the interest claiming protection under the 1st Amendment.