how much do you remember about the beginning of the year??? who argued for a bill of rights to be...
TRANSCRIPT
The Constitution and First Amendment Rights
How much do you remember about the beginning of the year???
Who argued for a Bill of Rights to be added to the Constitution?
What IS the Bill of Rights, and what is the purpose of it?
Let’s start at the beginning…with the First Amendment!
The Constitution and First Amendment Rights
The First Amendment protects our freedom of: Religion Speech Press Assembly
The Constitution andFirst Amendment Rights
Believe it or not, it was not until 1925 that the Supreme Court had to begin the process of applying the First Amendment to the activities of state and local governments!
NO level of government would be able to deny citizens the freedom to enjoy these basic liberties of free speech, press, and religion.
The Constitution andFirst Amendment Rights
Many people filed suits in federal courts claiming that state and local government activities infringed upon these freedoms.
Supreme Court had to define the meaning of these words and figure out when specific actions taken by these governments denied citizens their fundamental liberties.
FREEDOM OF RELIGION
Before a Friday night high school football game, a group of students leads the stadium crowd in prayer. Is this constitutional? How are decisions like this made?
Well….we need to look at the Constitution!
Two Clauses:Establishment Clause Free Exercise Clause
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... ”
Establishment Clause- “Congress shall make no law respecting an establishment of religion…”
What does this actually mean? Separation of Church and State Prohibits establishment of a national religion Prohibits the preferential treatment of one
religion over another
Two Clauses:Establishment Clause Free Exercise Clause
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... ”
Free Exercise Clause- “Congress shall make no law… prohibiting the free exercise thereof…”
What does this actually mean?
Freedom of Religion
Why was this so important to our Founding Fathers?
Our freedom of religion is the very first sentence in the very first amendment
in the Bill of Rights.
WHY???
Supreme Court “Tests”
Just as I asked you to interpret the meaning of the these words, the Supreme Court has had to do the same thing!
They have developed tests to determine when citizens are afforded protection by the provision in the First Amendment.
Today our focus will be on the Establishment Clause of the First Amendment (Freedom of Religion).
The Lemon Test
Established during Lemon v. Kurtzman (1971) Consists of 3 Prongs
Must have a secular (non-religious) legislative purpose (Lay)
Must not result in an "excessive government entanglement" with religion. (Easily Monitored)
Must not have the primary effect of either advancing or inhibiting religion (Openly Neutral)
If the statute fails any of the three prongs, it has violated the Establishment Clause.
Try the Test
Student led prayer before football games State funding to parochial schools Mandated prayer in public schools Requiring schools to teach creationism
alongside evolution Displaying a city-funded Nativity scene Displaying a Christmas tree in city hall National Prayer Day
Wait a minute…
Prayer in Congress
Two Clauses: Establishment Clause Free Exercise Clause
Free Exercise Clause- the government cannot prohibit the free exercise of religion
What exactly does this mean?
Establishment vs. Free Exercise
Establishment Clause – deals with court cases that involve government policies aiding religion.
Free Exercise Clause – deals with court cases that involve government policies burdening religion. Most do not discriminate against a particular
religion directly but impose a hardship when applied to certain groups.
Free Exercise Clause:Belief vs. Action
The freedom of belief is an ABSOLUTE right in the Bill of Rights.
BUT belief can involve action, which the government can regulate Can’t use religion as a justification for a crime
Free exercise class DOES NOT protect actions that are violation of social duties or actions that are contrary to society’s interests.
Free Exercise Clause:Belief vs. Action
Examples of what the Court has said: Religious belief in human sacrifice does not
exempt you from murder. Children must be vaccinated against parents’
religious beliefs. Can’t use poisonous snakes in ceremonies. Can’t deny children medical help because of
religious beliefs.
Free Exercise Clause:Supreme Court Test
Does the law target a particular group or individual?
Beliefs must be “sincerely held” – weigh interest of the individual against the government’s interest.
Individuals must prove that the government is forcing them to violate their beliefs.
Free Exercise Clause:Examples
Violations of Free Exercise: Unemployment Benefits – Can’t deny these to
people who quit jobs (7th Day Adventists – no Saturday work)
Compulsory Education – Amish beyond the 8th grade
Use of peyote by American Indians in rituals
Free Exercise Clause:Examples
Non-Violations (Compelling State Interest) Conscientious Objectors – government interest
in a uniform draft outweighs anti-war belief Social Security – can make Amish pay social
security even though they never take it. Racial Discrimination – can deny tax exempt
status to private schools that practice racial discrimination
Military dress – can force men to remove yarmulke.
Free Exercise Clause Cases
Lukumi Babalu Aye, Inc. v. Hialeah (1993)The city of Hialeah, Florida enacted a series of ordinances to ban animal sacrifice shortly after a Santeria church announced plans to open in the city. Court ruled that ordinances were unconstitutional because they targeted the church specifically
Employment Division v. Smith (1990)Members of a Native American Church were fired
from their jobs and were refused compensation for ingesting peyote, a powerful entheogen, as part of a religious ceremony.
Court ruled in favor of the state because the state laws against drug use applied to all citizens, and were not directed at the Native American religious practice
Free Exercise Clause Cases cont.
Texas Polygamist Compound While the government cannot prohibit the
free exercise of religion, people are not free to worship in ways that violate laws protecting the health, safety, or morals of the community.
Freedom of Religion: So it’s all clear now, right???
Hmmm…what about these: Public officials take an oath of office in the
name of God “In God We Trust” is on our money! Church property and contributions are exempt
from taxes Sessions of Congress begin with a prayer
Should the Establishment Clause prohibit these practices?
Different Interpretations
Strict separationists oppose ANY commingling of church and state functions
Accommodationists believe that at times government should make allowances for the role of religion in society Otherwise, government would be hostile to
religion and risk violating the Free Exercise Clause!
Different Interpretations
Strict Separation: Stevens, Souter, Ginsberg, Breyer Prevents government from providing any aid
to religion whatsoever No tax money for religion Can give religion same services as anyone
else (fire, police, etc.) Can provide assistance that makes it easier
for people to practice The notion of a high “wall” of separation
between church and state
Different Interpretations
Accommodation – Rehnquist, Scalia, Thomas Only prohibits the establishment of an official
government religion Wouldn’t prohibit the government’s participation in
religious practices OK for the state to participate in Christmas
celebrations as long as we don’t declare Christianity the official state religion.
The purpose of the Establishment Clause is not to erase religion – just can’t make it official. Thus, vouchers, moments of silence, faith-based initiatives are OK.
Test: As long as government isn’t establishing an official religion, it can aid religion in an unbiased way.
Different Interpretations
Government Neutrality – O’Conner, Kennedy, Breyer Government can support religion in general so
long as it does not give one religion preferential treatment.
“In God We Trust” is OK on coins; non-denominational prayer is OK.
Government can’t be hostile to religion or violate the Free Exercise Clause.
Test: In between Strict and Accommodation – Government should be neutral to religion – the LEMON test
Overall Rulings: School Issues
Parochiad: funding to religious schools Bus transportation to parochial schools OK Parochial teachers can NOT be paid with state
funds Federal grants CAN be used to erect buildings
at religiously affiliated colleges as long as the buildings are not used for religious purposes.
Overall Rulings: School Issues
School Prayer – most controversial! Banned use of prayer written by NY State Overturned PA ruling requiring the reading of
the Lord’s Prayer Overturned KY law requiring copies of Ten
Commandments posted in public schools Moment of silence law in Alabama
unconstitutional Prayer can’t be part of graduation ceremony
Overall Rulings: School Issues
Equal Access Forbids teacher involvement If school allows use of building after hours for
non-religious purposes, then must for religious groups but not for religious purposes
Evolution Cannot prohibit teaching of evolution
Overall Rulings: Religion in the Public Square
Holiday Displays Can have a nativity scene if it includes secular
symbols as well like Santa and his reindeer Pittsburgh – OK to have a Christmas Tree,
Menorah, and Kwanzaa display – because it is cultural BUT cannot have a nativity scene inside the County
Building without secular symbols because it implies government endorsement of religion.
Prayer in Legislation Allowed in Congress – historical roots of legislative
bodies and these are adults, not children
Overall Rulings: Government Regulations that Benefit Religion
Sunday Closing Laws Serve a secular purpose of creating a uniform
day of rest and relaxation Tax Exemption
Government’s “benevolent neutrality” towards religion, not its official support.
REVIEW!
How many parts does the Lemon Test have? Name one of the two 1st Amendment
clauses on freedom of religion Which clause prohibits the establishment of
a national religion? Which clause separates church and state? What does “secular” mean? Which clause allows people to practice
religion without restraint as long as they do not violate state or federal laws?