Government and Religion

- Textbook
o Vocabulary:
 Compelling state interest—a state interest that takes precedence over individual rights
 Established church—a government-sponsored religion
 Establishment clause—the clause in the First Amendment that says the government may
not establish an official religion
 Free exercise clause—the clause in the First Amendment that states that the government
shall make no law prohibiting the free practice of religious beliefs
 Freedom of conscience—the right of individuals in a free society to decide for themselves
what to believe
 Great Awakening—religious revival in the American colonies of the eighteenth century
during which a number of new Protestant churches were established
 Religious tests—a requirement that a person swear to a believe in God or belong to a
particular religion in order to qualify for a political office or to vote
 Separation of church and state—the concept that religion and government should remain
separate (the principle that is the basis for the establishment clause)
o Great Awakening: new religious groups were created, so no church could dominate all others,
so more and more difficult for church to claim special privileges—end of single established
church
o Wanted separation of church and state to protect religion from being corrupted by state and to
protect good government from corruption caused by religious conflict
o Roger Williams: “wall of separation” with church as garden, wall to protect it
o Article VI of the Constitution: ban placed on religious tests for holding public office in the
federal government
o Different interpretations of the establishment clause:
 Broad interpretation: First Amendment prevents the government from providing any aid to
any religion whatsoever, but may give religious groups the same services everyone else
receives and may also provide assistance that makes it easier for people to exercise their
religion (ex: excusing students from classes during religious holidays)
 Narrow interpretation: government is prohibited from giving one religious group
preferential treatment, but is not prohibited from supporting religion as long as it does so
impartially
 Both broad and narrow agree that government is prohibited from acknowledging Christmas
as a holiday if the holidays of other religious groups are not recognized
 Literal interpretation: prohibits establishment of an official government religion, but would
not prohibit government’s participation in particular religious practices
o Issues such as public health are above right to free exercise of beliefs, but mentally competent
adults are allowed to make own decisions based on religious beliefs
o Equal Access Act requires secondary schools to allow student religious groups to hold meetings
in school buildings if other groups or social clubs are given the same opportunity
 Constitutional because allowing all religions to do so, not showing preference to any
particular religion—not an infringement of the establishment clause
 Gives religious groups option to discuss religion or practice religion on school grounds—
helps right to free exercise of beliefs

(c) Amy Ho 2010

- Video
o Three terms in First Amendment are not clearly defined, so meaning is unclear: religion,
establishment, and free exercise
o Virginia’s established church: Anglican (church of England)
o Rhode Island didn’t have an established church (scandalous!)
o Baptists petitioned for licenses to preach in Virginia, but were denied and jailed
o James Madison and Princeton: originally studied theology, and then law and politics
o Upset Madison that Baptists and Presbyterians were being denied their natural rights to
practice their own religions and were being persecuted for their beliefs
o Jefferson and Madison proposed to sever relations between established Anglican church and
state of Virginia (Statute for Religious Freedom, written and proposed in 1779, but didn’t pass
because conservatives and Anglicans felt it was subversive and refused to even discuss it)
o Virginia opposing forces on issue of established church: Jefferson, Madison, Baptists, and
Presbyterians vs. traditionalists, Anglicans, George Washington, and Patrick Henry
o Patrick Henry suggested a tax for Virginia to help all Christian churches by paying teachers and
ministers to help spread the world
o Madison supported Henry for governor of Virginia (got him out of legislature)
o First 150 years, Supreme Court only ruled on cases with religion in terms of federal
government, but 1868 after 14th Amendment, also applied to states
o 95% of Americans believe in a Supreme Being; 70% belong to an established church; 67%
regularly attend formal religious services
o “Wall of separation”—metaphor used in letter by Thomas Jefferson; government should not be
involved with religion
o Benevolent neutrality—federal government should remain neutral towards all religious issues
so as to prevent from harming religions
o Supreme Court banned prayer in America’s public schools after New York case in 1960s
- Case Law
o Lemon v. Kurtzman (a.k.a. Lemon Test) 1971
 Pennsylvania and Rhode Island assisted private religious schools by paying teachers
 Ruling (unanimous 8:0) – unconstitutional because excessive entanglement (too much
involvement)
 Private schools – no public funding
 Resulted in Lemon Test
 Does the statue have a secular legislative purpose? (If no, then unconstitutional)
 Is its principle or primary effect one that neither advances nor inhibits religion? (If no,
then unconstitutional)
 Does the statute foster an excessive entanglement with religion? (If yes, then
unconstitutional)
o School prayer (establishment cases)
 Engel v. Vitale 1962
 Class prayer reading violates establishment clause
 Abington v. Schempp 1963
 School Bible reading case establishes #1 and #2 of the Lemon Test
 Wallace v. Jaffree 1985
 Alabama statute—one minute voluntary meditation
 Sole purpose was to endorse religion, so unconstitutional
(c) Amy Ho 2010
  Lee v. Weisman 1992
 Graduation prayer violates establishment clause
 Santa Fe Independent School District v. Doe 2000
 Student-led pre-football game prayer violates establishment clause
o Pledge of allegiance (establishment case): West Virginia v. Barnette 1943
 Cannot be forced to salute flag/say pledge if violating individual conscience
 1st Amendment: free speech
o Holiday displays (establishment cases)
 Lynch v. Donnelly 1984
 Rhode Island public park decoration (Christmas) does not violate establishment clause
 Passes Lemon Test because shows religious heritage (viewed as national holiday)
 Alleghny v. ACLU 1989
 Put up crèche (manger scene) in courthouse
 Did not pass Lemon Test: official government building directly related to religion
o School groups (establishment case): Board of Education v. Mergens 1990
 Equal Access Act does not violate 1st Amendment
 Schools with limited open forum cannot deny any groups (religious/political/philosophical)
o Exercise cases
 Reynolds v. U.S. 1898
 Federal law banning plural marriages
 Constitutional, despite Mormon theology
 Wisconsin v. Yoder 1972
 State interest in education v. right to practice religion
 Amish do not have to send their children to school; mandatory education laws do not
apply
 Oregon v. Smith 1990
 State law prohibiting use of peyote (drug) was constitutional because protection for
society
 “Unfortunate result”: Native American religious rituals halted
 Church of Lukumi Babalu Aye v. City of Hialeah 1993
 Santeria religion has animal sacrifice, but city banned it when they moved in
 “Health/sanitation”, but court said real purpose was to inhibit religion, so
unconstitutional

(c) Amy Ho 2010