Freedom of Religion. The Establishment Clause vs. Free Exercise Clause. Warm Up Activity. Examine the image as it appears on the screen. Do not shout out information! Write the name of the image and the religion associated with the image. Yin & Yang Daoism. Christmas Tree Christianity.
Freedom of Religion The Establishment Clause vs. Free Exercise Clause
Warm Up Activity • Examine the image as it appears on the screen. Do not shout out information! • Write the name of the image and the religion associated with the image.
Yin & Yang Daoism
Christmas Tree Christianity
Crescent Moon & Star Islam
Nativity Scene Christianity
Star of David Judaism
10 Commandments Judaism & Christianity
Whole Class Discussion • How did you feel viewing these symbols? • Did any of them offend you? Why or why not? • When and where might you expect to see these symbols? • Where might a “strange” place be to see these symbols? • Does it make you feel uncomfortable talking about religion in school? Why or why not? • Would that violate “separation of church & state?”
Religious Clauses of Amendment 1 • “Congress shall make no law respecting an establishment of religion, or • The Establishment Clause • prohibiting the free exercise thereof.” • The Free Exercise Clause • What is the difference? • From where do we get the phrase “separation of church & state?”
Religious Separation • Who interprets the law? • How does the SCOTUS decide if a violation exists? • Discuss the Lemon test.
Lynch v. Donnelly • Watch the video. • Complete the assignment for p. 37 of notebook. • Arguments for Lynch (Pawtucket)? • Arguments for Donnelly (ACLU)? • Your decision?
Lynch v. Donnelly Decision In a 5-to-4 decision, the Court held that notwithstanding the religious significance of the crèche, the city had not violated the Establishment Clause. The Court found that the display, viewed in the context of the holiday season, was not a purposeful or surreptitious effort to advocate a particular religious message. The Court found that the display merely depicted the historical origins of the Holiday and had "legitimate secular purposes." The Court held that the symbols posed no danger of establishing a state church and that it was "far too late in the day to impose a crabbed reading of the [Establishment] Clause on the country." Source: The Oyez Project, Lynch v. Donnelly, 465 U.S. 668 (1984) available at: (http://oyez.org/cases/1980-1989/1983/1983_82_1256) (last visited Wednesday, July 29, 2009).