X. The First Amendment:

a. Protects 6 rights or Freedoms

1. The Government may not support religion

2. Freedom to practice religion

3. Freedom of Speech

4. Freedom of Press

5. Freedom to Assemble

6. Right to petition the government

Freedom of Religion – The Religion Clauses

1.The Government may not support religion

The Establishment Clause

2. Freedom to Practice your own religion

The Free Exercise Clause

PA law and Rhode Island Law provided for direct payment of tax dollars to parochial schools provided that the money was used for nonreligious instruction. Taxpayers objected and filed a lawsuit,

Lemon v. Kurtzman 403 US 602 (1971)

What was the result? What do you think?

Why?

The Establishment Clause – THE RULE

In Lemon v. Kurtzman the United States Supreme Court established the test or rule to determine if a government law or action violates the Establishment Clause. This has become known as the LEMON test.

It states:

1.If the primary purpose of the law or action is religious then it violates the First Amendment.

2.If the primary effect of the law or action is religious then it violates the First Amendment

3.If the law or action causes excessive entanglements between government and religion then it violates the First Amendment

A Maryland law required that ten verses of the Bible be read everyday in all public schools in the state, together with the recitation of the Lord’s prayer. The founder of the American Atheists (Madalyn Murray O’Hair) filed a law suit in the federal district court in Maryland claiming that the law violated the Establishment clause of the First amendment.

Abbington v. Schempp 374 US 203 (1963)

What was the result?

What do you think ?

Why?

ESTABLISHMENT CLAUSE CASES

1. Is the Primary Purpose Religious?

2. Is the Primary Effect Religious?

3. Does the Law/Action cause excessive entanglement?

THE LEMON TEST

Yes/No

The New York Board of Regents created a Non-denominational prayer that did not refer to any specific religion and mentioned “God” only in general terms. The state of New York required that the prayer be read everyday in New Hide Park public schools in New York. The prayer read as follows:

Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen.

Parents objected claiming it violated the Establishment clause:

Engel v. Vitale 370 US 421 (1962)

What was the result?

What do think?

Why?

1. Is the Primary Purpose Religious?

2. Is the Primary Effect Religious?

3. Does the Law/Action cause excessive entanglement?

THE LEMON TEST

Yes/No

Providence , RI allowed the principal of the middle school and the high school to invite a member of the clergy to give a benediction at graduation. Weisman objected to clergy participating in his daughter’s graduation from middle school. The principal ignored the objection and invited a rabbi to give the benediction. Weisman sued to stop the practice.

Lee v. Weisman 505 US 577 (1992)

What was the result?

What do you think?

Why?

1. Is the Primary Purpose Religious?

2. Is the Primary Effect Religious?

3. Does the Law/Action cause excessive entanglement?

THE LEMON TEST

Yes/No

A Sante Fe Independent School District Policy allowed student led Christian prayers to be read at graduation and over the public address at football games. The school policy provided that students would hold an election determine if prayers should be read. The administration could not interfere. The only requirement would be that the prayer be non-denominational. The parents of a Mormon and a Catholic objected and filed suit.

Sante Fe Independent School District v. Doe 530 US 290 (2000)

What result? What do you think? Why?

1. Is the Primary Purpose Religious?

2. Is the Primary Effect Religious?

3. Does the Law/Action cause excessive entanglement?

THE LEMON TEST

Yes/No

Alabama passed a law that that set aside one minute of each school day for grades one through six for a moment of silence and voluntary prayer. A parent of a student objected and filed suit.

Wallace v. Jaffree 472 US 38 (1985)

What was the result?

What do you think?

Why?

1. Is the Primary Purpose Religious?

2. Is the Primary Effect Religious?

3. Does the Law/Action cause excessive entanglement?

THE LEMON TEST

Yes/No