Freedom of religion
Download
1 / 7

Freedom of Religion - PowerPoint PPT Presentation


  • 141 Views
  • Uploaded on

Freedom of Religion. Establishment Clause. Incorporated under the “due process” clause of the 14 th amendment. Basic meaning: Government may not establish an official religion. But wording subject to different interpretations. .

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about ' Freedom of Religion' - ena


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript

Establishment clause
Establishment Clause

Incorporated under the “due process” clause of the 14th amendment.

  • Basic meaning: Government may not establish an official religion. But wording subject to different interpretations.

  • “Separationist” view: No inter-involvement, “Wall of Separation” (Jefferson)

  • “Accomodationist” view: Government may allow some degree of religion/government inter-involvement, e.g. nativity scenes on school property, non-denominational prayers in public schools, etc.


Establishment clause cont
Establishment Clause (Cont.)

The “Lemon Test” (Lemon v. Kurtzman). A Statute or practice is constitutional if it…

  • Has a secular (non-religious) purpose.

  • Neither advances nor inhibits religion.

  • Does not foster an excessive government entanglement with religion.


Establishment clause cont1
Establishment Clause (Cont.)

Key Rulings

  • Engle v. Vitale, 1962: No state-sponsored prayer in public schools

  • Abbingdon v. Schempp, 1963: No devotional Bible Reading in public schools

  • State laws that require the teaching of creation science or prohibitthe teaching of evolution are not constitutional

  • State laws that requirethe posting of the 10 commandments in public schools are unconstitutional

  • “Released Time” for students is constitutional


Establishment clause cont2
Establishment Clause (Cont.)

Key Rulings (Cont.)

  • Christmas displays in town squares are constitutional as long as they include secular content

  • State aid to religious schools for textbooks, lunches, bus transportation are constitutional

  • State aid to religious schools for field trips, teacher salaries, counseling services, remedial education is not constitutional


Free exercise clause
Free Exercise Clause

Incorporated under the “due process” clause of the 14th amendment

  • Distinction between beliefand practice: belief is always protected, practice may be restricted if there is a compelling purpose for doing so.

  • Restricted Practices:

  • Polygamy

  • Not vaccinating children (Christian Scientists)

  • Not paying Social Security taxes (Amish)

  • Wearing a yarmulke in the military (Jews)


Free exercise clause1
Free Exercise Clause

Protected Practices:

  • Not saluting the flag in public schools (Jehovah Witnesses)

  • Notsending children to school past the 8th grade (Amish)

  • Animal Sacrifices (Santeria)


ad