21) Ok. Child Benefit, does not endorse religion.
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21) Ok. Child Benefit, does not endorse religion. PowerPoint PPT Presentation


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21) Ok. Child Benefit, does not endorse religion. 22) Ok. Addresses public problem, Child Benefit Doctrine. 23) Ok. Child Benefit Doctrine. Free Ex. Clause: Forbids prohibiting free ex. of religion.

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21) Ok. Child Benefit, does not endorse religion.

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21 ok child benefit does not endorse religion

  • 21) Ok. Child Benefit, does not endorse religion.

  • 22) Ok. Addresses public problem, Child Benefit Doctrine.

  • 23) Ok. Child Benefit Doctrine.


Free ex clause forbids prohibiting free ex of religion

Free Ex. Clause: Forbids prohibiting free ex. of religion.

  • Belief vs. Practice: Guarantees right to worship or not to worship as people see fit, free from gov’t interference. (2 aspects)

    • Freedom to believe in God (or no God), which is absolute. The gov’t isn’t in to mind control, an individual can believe in anything.

    • Freedom to act upon your beliefs: which is subject to gov’t regulation for the protection of Society’s health, safety, welfare and morals (State Police Powers)


Cases

Cases

  • 1) Ok. Mormon practice of polygamy was ruled illegal.

  • 2) Ok. State Police Powers

  • 3) Ok. Protect people

  • 4) Ok. Even for religious purposes and even though used for centuries.


21 ok child benefit does not endorse religion

  • 5) Ok. Upheld Child labor law.

  • 6) Not ok. Inhibits Free Exercise.


Other

Other

  • 7) People v. Peirson (1903): Ct.’s say parents who withhold medical treatment from kids on religious grounds may be prosecuted (Police Powers).

  • 8) Goldman v. Sec. of Defense (1986): Jewish men may not wear their yarmulkes (skullcaps) in violation of military regulations


21 ok child benefit does not endorse religion

  • Cases force courts to choose between Establishment and Free Exercise Clause. Ex: West Virginia Board of Education v. Barnette (1943) Flag Salute Case.

  • Homework Assignment.


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