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Supreme Court Cases: Establishment Clause

Supreme Court Cases: Establishment Clause. Chandler Hobson. Establishment Clause. “Congress shall make no law respecting an establishment of religion. . . .” Intended to prohibit: the establishment of a national religion by Congress

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Supreme Court Cases: Establishment Clause

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  1. Supreme Court Cases:Establishment Clause Chandler Hobson

  2. Establishment Clause • “Congress shall make no law respecting an establishment of religion. . . .” • Intended to prohibit: • the establishment of a national religion by Congress • the preference by the U.S. government of one religion over another

  3. West Virginia v. Barnette(1943)Background Information The West Virginia Board of Education required all children and teachers to salute the flag as part of daily activities Refusal to salute the flag was considered “insubordinate” and punishable by expulsion Question:Did the compulsory flag-salute for public schoolchildren violate the First Amendment?

  4. West Virginia v. Barnette (1943)Decision 6 votes for Barnette, 3 votes against Yes, Supreme Court overruled an earlier decisions and stated compelling public schoolchildren to salute the flag was unconstitutional Forcing students to have a compulsory unification of opinion violated the 1st Amendment because they could not force citizens to confess “by word or act their faith therein”

  5. West Virginia v. Barnette (1943) Effects Barnette overturned a previous decision in Minersville School District v. Gobitis that involved Jehovah's Witness children in which the Court stated that the proper recourse for dissent was to try to change the school policy democratically Barnette decision only prohibits students and faculty from being compelled to salute the flag and say the pledge of allegiance as a protection of the 1st Amendment rights

  6. Lemon v. Kurtzman (1971)Background Information At the time financial aid was being made available for secular objects to non-public schools in Pennsylvania and Rhode Island Some teachers were given direct supplemental salary payments if they taught in “church-related educational institutions” Question: Did the Rhode Island and Pennsylvania statutes violate the First Amendment's Establishment Clause by making state financial aid available to "church- related educational institutions"?

  7. Lemon v Kurtzman (1971) Decision 8 votes for Lemon, 0 against Yes, state financial aid available to "church- related educational institutions” unconstitutional because of its entanglement with the Establishment Clause

  8. Lemon v. Kurtzman (1971) Effects • Established 3 part “Lemon” test for dealing with religious establishment statues: • Must have a secular legislative purpose • The effects of law cannot inhibit nor advance religion • Must not result in an excessive government entanglement with religion

  9. Citation www.oyez.org

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