UNIT 3 LESSON 3

Freedom of Religion
What is controversial? Why?
Where else do we see it?
Does this offend anyone?
Pledge of allegiance...So help me God...
so help me god

Why was the this included in the Bill of

Rights?
- Centuries of war in Europe over what
religion should be the official religion.
- Centuries of intolerance of different beliefs
and persecution of those practicing them.

Free Exercise & Establishment

Clauses in 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 Establishment Clause of the First Amendment:

The first phrase in the First Amendment states:
"Congress shall make no law respecting an establishment of religion..."
is called the establishment clause.
-Prohibits national government from establishing a national religion.

Engle v Vitale 1962 - no prayer in schools

The three-part test enunciated in Lemon v. Kurtzman which is used to asses
whether a law violates the Establishment Clause.

Lemon v Kurtzman 1971 -

1. Purpose must not be religious

2.Effect must not hurt or help religious goals
3.Must not mix or entangle in religion too much

"The 'establishment of religion' clause of the First Amendment

means at least this:
Neither a state nor the Federal Government can set up a church.
Neither can pass laws which aid one religion, aid all religions, or prefer one religion over
another.
Neither can force nor influence a person to go to or to remain away from church against his
will or force him to profess a belief or disbelief in any religion.
No person can be punished for entertaining or professing religious beliefs or disbeliefs, for
church attendance or non-attendance.
No tax in any amount, large or small, can be levied to support any religious activities or
institutions, whatever they may be called, or whatever from they may adopt to teach or
practice religion.
Neither a state nor the Federal Government can, openly or secretly, participate in the affairs
of any religious organizations or groups and vice versa.

The following phrase "Congress shall make no law...prohibiting

the free exercise thereof...
is called the free exercise clause; it guarantees freedom of
religion. Islam, Christianity, Judaism...
This passage does not promise absolute freedom of religion.

Cannot break law, be publicly indecent, put

others health welfare or safety in danger.

14th

Extension of the First Amendment to the individual states:

Initially, this amendment restricted only the powers of Congress regarding religion.
However, the 14th Amendment to the Constitution, proposed by Congress on 1866JUN-16, required individual states to also follow the Bill of Rights.
The 14th Amendment states that:

"No State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States."
The 14th Amendment was proclaimed adopted on 1868-JUL-21. Since that date, the
First Amendment, and other amendments guaranteeing rights to citizens, apply equally
to all levels of government.

Current Issues In The Media...

Kirpan Vs. No Tolerance Weapons Policy
Religious Profiling in airports
Animal Ritual Slaughter
Prayer in Public Schools
Indigenous Religions in Jail
Abortion
Gay Marriage
Pastafarianism