1 st Amendment: Freedom of Religion

1. 1st Amendment: Freedom of Religion • The First Amendment states that: “Congress shall make no law … • respecting an establishment of religion, • or prohibiting the free exercise thereof;…” • Because it is vague, courts decides what it means.

2. America created by religious tyranny in 1600s – English Puritans in NE & Spanish Catholics in New Mexico; any who defied were executed. • Government would create and support an official state church…often • tax dollars support that chosen church. • that church’s laws become the law of the land. • the nation’s leader, often heading the church, usually appoint the leading religious clerics. • often other religions are excluded. • Iranian student friend. What if Had An Established Religion?

3. Authors asked, “should government establish a religion or not?” Thomas Jefferson wrote that there should be “a wall of separation between church and state.” Why? Because he was opposed to the Church of England being the official state supported religion. Drafting the First Amendment

4. The Establishment Clause of the First Amendment guarantees that the government will not create and/or support an official state religion – that is prefer one over the other. • Some want their religion to be the preferred religion by government, & want government to force or coerce all citizens to practice their “right” religion - but the Constitution is there to stop them – to keep the government neutral. • Why? Because many on earth disagree with your religious beliefs. • Remember individual liberty vs group think? Shouldn’t there be places where an individual can be free of “others” views about religion? The Establishment Clause

5. The Supreme Court and the Establishment Clause • The Supreme Court has ruled that official lead prayer and bible reading (religious services) in government schools are a unconstitutional violation of separation of church & state. • Remember, the constitution protects you from government, thus, private schools are exempt from restrictions.

6. The Court prohibits organized Bible reading and prayer in public schools because why? • pressure to conform can cause one to think less of another who believes differently • And is either a direct or indirect coercion on minority. • Youth are impressionable. Establishment clause

7. Brought by parents of public school students in New York who complained the prayer to "Almighty God" contradicted their religious beliefs. Prayer in question was: "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen.“ Plaintiffs argued what? The court decided what? Engel v. Vitale 1962

8. Cases dealt with state-approved reading of Bible passages before classes in public schools. Who were the Schempps & what was their legal problem? Who were the Murrays & what was their legal problem? In 1963 what did the Supreme Court decide? Abington ISD, PENN v. Schempp & Murray v. Curlett (1963)

9. Marsh v. Chambers 1983. Open gov’t meetings w/prayer ok since it is only a “tolerable acknowledgement of beliefs.” Establishment clause

10. Lemon v. Kurtzman • In 1971, Lemon v. Kurtzman, the Court ruled that New York state could not use state funds to pay parochial school teachers’ salaries. • To be Constitutional the challenged religious practice must meet the following test: • In 1980, in Stone v. Graham, this Lemon Test was used to invalidate a Kentucky law. What happened?

11. Student participation before - or after – government school events, such as “see you at the pole,” is permissible. Government school officials, acting in an official capacity, may neither discourage nor encourage participation in such an event. “See You at the Pole”

12. “Congress shall make no law.....prohibiting the free exercise thereof (religion)” • is designed to prevent the government from interfering with the practice of religion. • This freedom is not absolute. • Some religious practices have been ruled illegal. • Nonetheless, the Court has made it clear that the government must remain NEUTRAL toward religion. Gov’t cannot attack religious practices it disagrees with, or church leaders it opposes – unless when injuring others – violating the law. The Free Exercise Clause

13. Free Exercise clause • Freedom to believe is greater than the freedom to act. • Do anything you want as long as no harm to others. • Therefore, we do have laws restricting some “religious practices.” • Can you think of examples of religious practices that should be regulated or prohibited?

14. How about war & religious beliefs? • How about native American use of prohibited drugs. Free Exercise clause

15. 2/13/01: Rev. Dixon arrested & church seized by US Marshals for nonpayment of $6 million in taxes. How could he have avoided this problem? Free Exercise clause

16. Pledge written 1892 by Baptist minister Francis Bellamy, who made no reference to religion in his version: "I pledge allegiance to my flag and the republic for which it stands, one nation, indivisible, with liberty and justice for all." Became a part of public school programs. In 1954, Congress added "under God," after pressure by Catholics. Newdow is atheist who didn’t want 3rd grade daughter reciting the religious part and sued, even though legally it is voluntary only, Newdow argued that there is indirect coercion and a violation of separation. Students should not “feel” compelled by school officials to recite to show love of country. 9th circuit banned that part of pledge but the Supreme Court dismissed the case arguing that father had no “standing” to challenge the case, (he didn’t have to say the pledge). Thus, the SC invited someone who does have standing to file a new case. Elk Grove Unified School District v. Newdow, 2004Pledge of Allegiance

17. Remember intent of Constitution authors – individual liberty – not forced group think! We have seen how some countries of the world are extremist religious totalitarian dictatorships where individuals & minority religions have NO rights, and are forced to practice government religious beliefs against their wishes. Iranian Muslim majority likes this because it is the majority and can get away with extreme oppression, but they hate it in other countries where they are the minority & they are discriminated against. Think about how some in America have similar scary views with potential horrific results. That is the point of tyranny of the majority and our constitution’s protection of the minority! In our free USA, one has NO legal right to impose his religious beliefs on you, or to use government to do so! In our free USA, one has NO legal right to use his religion as a fanatical intolerant spiritual weapon against those who disagree. Can you understand how this conservative republican lawyer to President Reagan feels when leaders in the US military criticize his military sons for being Jewish? http://www.statesman.com/opinion/insight/guns-and-god-author-sees-network-of-hard-2388164.html website http://www.militaryreligiousfreedom.org/ Bottom Line of Establishment & Free Exercise clauses