Civil Liberties Freedom of Religion

1. Civil LibertiesFreedom of Religion Mia Muench Jessica Rubino Lydia Jabin

2. Amendment I 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.

3. Amendment I • Establishment Clause • Establishes the separation of church and state, religion and government • Prevents United States from becoming affiliated with any Church or religion • Free-Exercise Clause • Establishes freedom to exercise religion of choice • No uniformity religion

4. Original Interpretation • National government less involved • Most issues dealt with state governments • Religion and public education • Issues of equally originally left to states • Less religious diversity among population • Mostly Christian • Less minority religions • People not as aware of rights

5. Reynolds v. United States 1878 • Reynolds challenged anti-bigamy statute • Married second wife • Convicted in Utah • Conclusion: Split Vote • Statute does not violate Free-exercise Clause • Plural marriage is a criminal act • Significance: First Amendment does not protect the practice of polygamy

6. Everson v. N.J. Board of Education 1947 • New Jersey law - reimbursement to those utilizing publically operated school busses • Children of Catholic schools qualified • Conclusion • Law does not violate constitution • No aid/support of parochial schools • Significance • Established line between government funds to religious program and government funds to general program

7. Abington School District v. Schempp 1962 • Bible reading and prayer required in PA public schools • Schempp argued violation of Free-Exercise Clause • Conclusion: Schempp • Encroached on Free-Exercise and Establishment Clause • Significance: enforced separation of religion and government

8. Engle v. Vital 1962 • Hyde Park - Garden City Park School District (N.Y.) • N.Y. allowed short prayer • Addresses the 1st Amendment • Conclusion • ruled unconstitutional • Court used the Establishment Clause for explanation

9. Lemon v. Kurtzman 1971 • Pennsylvania - funds to secular non-public schools • Rhode Island - funds to non-public elementary schools • Conclusion • Chief Justice Burger’s three-part test • Surveillance of funds leads to government entanglement • Significance • Eliminated government funding to private schools

10. Wisconsin v. Yoder 1972 • Wisconsin State Capitol • Jonas Yoder, Wallace Miller, AdinYutzy • members of Amish Religion • Yoder, Miller, and Yutzyrequired by law to send their children to school until age 16 • Against the Amish religion • Violated 1st amendment • Conclusion • Uphold the 1st amendment in freedom to exercise religion • Values and programs of highschool conflicted Amish religion

11. Edwards v. Aguillard 1986 • Louisiana law prohibited teaching theory of evolution without also teaching creation science • must teach neither or both • Conclusion: Aguillard • Three-pronged test: failed • Not enacted to further a secular purpose • Primary effect was to advance viewpoint that humankind was created by a supernatural being • Entangled interests of church and state

12. County of Allegheny v. ACLU 1989 • Pittsburgh, PA • Allegheny Court House - Christian Nativity Scene • Chabad Jewish organization, outside City-County building • ChunukahMenorah • Conclusion • Decided in two cases • Chabad v. ACLU • Pittsburgh v. ACLU • Significance • Not all religious celebrations on government property violate the establishment clause

13. Westside School District v. Mergens 1990 • West Side High School denied permission to form Christian Club • Refusal violated the Equal Access Act • Court of Appeals ruled with students • Significance • Distinguishes between “curriculum” and “non-curriculum” student groups

14. Church of Lukumi Babalu (CLBA) Aye v. Hialeah 1993 • Florida case • CLBA practices the afro-caribbean based religion of Santeria • Florida ordinances made by city council prohibited possession of animals for sacrifice • Conclusion • Ordinances neither neutral nor generally applicable • Ordinances applied exclusively to church • Ruled the CLBA had right to free exercise of religion

15. Santa Fe Independent School District v. Doe 1999 • Public Christian prayer before varsity football games • Catholic and Mormon families argued violation of establishment clause • Conclusion: Doe • Activities violated Establishment Clause • Public speech authorized by gov. policy • Took place on gov. property • Government-sponsored school related events

16. Good News Club v. Milford Central School 2001 • Milford Central School, N.Y • Couple sought approval to use school for Christian Activity after school • School denied request • Club filed suit claiming they were denied of their freedom of speech rights • Conclusion: Split Vote • Milford’s restriction violates Club’s free speech rights • No establishment clause concern justifies this violation

17. Watchtower Bible & Tract Society of N.Y. v. Village of Stratton 2002 • Regulations on canvassers • Done with intent to protect • Watchtower Bible and Tract Society of New York object • 8 votes (Justice John Paul Stevens) agreed • 1 vote (Chief Justice William H. Rehnquist) disagreed • Significance • Amendments not overlooked even when concern is with public safety

18. Zelman v. Simmons-Harris 2002 • Cleveland Metropolitan School District, Ohio • Ohio’s pilot project scholarship program • provides aid for students • Parents choose which schools to enroll in, not government • 82% of participating private schools had religious affliction • 92% of the students enrolled in religiously afflicted schools • Conclusion • program does not violate the establishment clause

19. Elk Grove Unified School District v. Newdow 2003 • Voluntary recitation of Pledge of Allegiance • Included words “under God” • Newdow argued making students listen violated Establishment Clause • Conclusion: Elk Grove Unified School District • Lack of standing • Needed sufficient custody of daughter • Court failed to reach constitutional question

20. Current Interpretation • National government more involved • More cases brought to Supreme Court • Minorities socially accepted • protection for minorities • People more aware of rights • More people seeking religious freedoms

21. Political Cartoons

24. http://www.youtube.com/watch?v=itwa5dTTpiI

25. Newspaper Article • How was the board of commissioners accused of violating the first amendment? Do you agree with these accusations? • Do you agree with the fact that minorities were being excluded by the activities of these government officials? • Do you think that the government officials are just in saying that the prayer service was based on a first-come-first-served basis? http://www.nytimes.com/2011/08/03/opinion/politics-and-prayer.html?_r=1&ref=firstamendment

26. Bibliography • "Transcript of the Constitution of the United States - Official Text." National Archives and Records Administration. Web. 18 Sept. 2011. <http://www.archives.gov/exhibits/charters/constitution_transcript.html>. • WISCONSIN v. YODER. The Oyez Project at IIT Chicago-Kent College of Law. 18 September 2011. <http://beta.oyez.org/cases/1970-1979/1971/1971_70_110>. • CHURCH OF THE LUKUMI BABALU AYE v. HIALEAH. The Oyez Project at IIT Chicago-Kent College of Law. 15 September 2011. <http://www.oyez.org/cases/1990-1999/1992/1992_91_948>. • ZELMAN v. SIMMONS-HARRIS. The Oyez Project at IIT Chicago-Kent College of Law. 15 September 2011. http://www.oyez.org/cases/2000-2009/2001/2001_00_1751>. • http://www.politicalcartoons.com/cartoon/c23ffd43-3783-4abe-a5b9-26f0a1cfdc06.html • http://www.google.com/imgres?q=supporting+building+the+mosque+political+cartoon&um