Unit Five Lesson 28

1. Unit FiveLesson 28 How Does the 1st Amendment affect the Establishment and Free Exercise of Religion?

2. What is an established religion? • Most European nations had “established” or official religions – it was believed to be a necessary foundation to a successful gov’t • The group in power would often attempt to eliminate others by outlawing their religion and/or jailing, torturing, or killing those who believed in a religion other than their own • People fleeing religious persecution settled in the colonies • Religious intolerance also in the colonies • People taxed to support state religions • Punished for not attending public worship

3. “Separation of Church and State” • Roger Williams (1636) founded a new society based on freedom of conscience, religious tolerance and separation of church and state • This phrase refers to a LACK of and established church or the state supporting one religion over another • This will become the measure of freedom of religion in the US • What it means is still in debate

4. 1st Amendment: Does it prohibit Congress from establishing a national Religion? • Diverse religious groups existed within communities • Government support went to ones they favored • Catholics, Jews and others often not supported and frequently were discriminated against • At the time the Constitution was written, most believed religion was important and needed protection, it strengthened both church and state • “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

5. Establishment Clause: how does it affect the states? • The Establishment Clause prohibits CONGRESS from establishing a national religion • Some supported because they believed it left to the states the establishment of religions • As new sects arose, people learned to work together with people who believed differently than they did • By 1833- no state had an established religion • The controversy still continued • Some states passed laws providing aid to religious organizations or requiring prayers be said in public schools • 1947 – The Supreme Court ruled that the 14th Amendment extended freedom of religion to the states and must be protected • The “Establishment Clause” therefore limited both STATE and FEDERAL governments from establishing a religion

6. The Supreme Court Rulings:The Establishment Clause • Broad Interpretation • This prevents the gov’t from providing ANY aid to any religion • No tax money to aid activity, practice or institution • But OK to give same as to others (fire, police protection) • Gov’t CAN make it easier to practice religion (school holidays) • Narrow Interpretation • This prevents the gov’t from giving preference to any one religion • Does not prohibit support if it does so impartially • “In God We Trust”, non-demoninational prayers • Literal Interpretation • Only prohibits the gov’t from ESTABLISHING a religion • Does not prohibit gov’t from participating in religious practices • Christmas celebrations as schools

7. ACTivity • In 4 groups, discuss the case you were given • Be ready to present and defend your groups position to the class as a whole

8. What rights does the Free exercise clause protect? • 2 parts – Freedom to believe & Freedom to Practice • Freedom to believe: The Supreme Court ruled individuals have an absolute right to freedom of belief or conscience • No government may interfere with this right by prescribing religious beliefs • Right to Practice: Not an absolute right • May be limited to protect another’s right • May be limited to protect other important values and interests • ? Chaplains for the armed forces or in prisons? • ? If public schools excuse Jewish students from attending classes on Yom Kippur is this giving preference to one over another? If they deny students the right to be absent, are they prohibiting the free exercise thereof? • ? If schools provide meeting places for student religious groups that want to meet after school, do they violate the establishment clause? If they do not, are they limiting the student’s rights to free exercise of religion?

9. Balancing the right against other interests of society • The Supreme Court has ruled over and over about religious rights • Balance the health of the community against the religious beliefs of an individual or group (public health is considered more important = shots) • Health of an individual is seen differently. If an adult chooses to refuse treatment, based on their religious beliefs, they are allowed to • Refuse blood transfusion or cancer treatment • Right of the student to refuse to salute the flag or attend high school if it goes against their religious beliefs • Compelling state interest: great enough to justify limiting the individual’s rights • Amish students: not attending local high school due to modern technology (homesch) • The Supreme Court usually asked 2 questions 1. Does the law apply to everyone? (neutral). If it does, it is not a violation of free exercise clause, even if it hinders practices 2. If it is not neutral, did the gov’t have a compelling reason for enacting the law? Is it the least restrictive possible?

10. Examples: SC Rulings • Smith v. Oregon (1990) – Oregon outlaws use of peyote. It is a felony offense. The Native American Church uses peyote in religious ceremonies. A member challenged the law. The Supreme Court upheld the law, because it was neutral, outlawing the use to everyone • Church of the LukumiBablu Aye v. City of Hialeah (1993) – The city prohibited the slaughter of animals in religious ceremonies. Animal sacrifice is a central part of the Santeria religion. The Court ruled that the prohibition violated the 1st Amendment free exercise clause. It was not a neutral law because it did not outlaw all animal slaughter. They also ruled the city had not shown a compelling interest in outlawing this religious practice. Two justices even believed the law specifically was to target the Santeria religion

11. Activity • Work in 3 groups • Read one situation and answer the questions • Be prepared to explain and defend your positions to the class