Freedom of Religion

Definition: Citizens may practice religion as they see fit; no law may impose particular burdens on religious institutions Relatively clear meaning: no state interference, similar to speech

a. Ensures that no law may impose particular burdens on religious institutions

b. Example: Hialeach, FL cannot ban animal sacrifices by Santerians because

killing animals is not generally illegal

But still have to follow laws binding all citizens◦ Oregon v. Smith

No use of peyote (illegal substance) in religious services Some conflicts between religious freedom and public

policy still difficult to settlea. Conscientious objection to war, military service (Quakers) b. Refusal to work Saturdays (Seventh-Day Adventists)c. Refusal to send children to public school beyond eighth grade (Amish)

Definition: Government cannot establish a national religion; “wall of separation” between church and state should exist (Jefferson’s view)

Ambiguous phrasing of First Amendment requires Court interpretation

Supreme Court interpretation: no governmental involvement, even if the involvement would not be preferential

a. 1947 New Jersey case allowed Catholic schools parents to be reimbursed for the cost of busing their children to schools because business is a religiously-neutral activity

b. Court has since struck down school prayer, “creationism,” in-school release time for religious instruction

c. Court has allowed certain kinds of aid to parochial schools and denominational colleges

d. Court has allowed voucher money to go to parochial schools, on grounds the aid went to the families, not schools; families were free to choose a school

e. Government involvement in religious activities is constitutional if it meets the following tests:The Endorsement Test: 1) Does this activity/idea seem to endorse a particular religion? If so, not constitutional. *This idea was too simplistic. (Replaced with Lemon)***Lemon v. Kurtzman (creation of Lemon test) ***The Lemon Test 1) Secular purpose2) Primary effect neither advances nor inhibits religion3) No excessive government entanglement with religion

Supreme Court rulings, however, remain complex and shifting in regard to the establishment clause

Let’s hear about some famous examples

Supreme Court Cases ◦ Engel v. Vitale (school prayer unconstitutional) ◦ Schempp v. Abington (no daily readings from Bible)◦ Lee v. Weisman (public prayer violates establishment

clause)◦ Santa Fe v. Doe (Student chaplain prayer before football

game unconstitutional) –update to Lee v. Weisman)◦ Christian Legal v. Martinez (Religious group, campus

recognition) ◦ Zelman v. Simmons-Harris (Pilot Project Scholarship

Program)◦ Elk Grove v. Newdow (“under God” in pledge ok)

New way for federal government to ensure public schools do not excessively restrict religion:◦ Schools can’t receive NCLB funds unless school

certifies it does not ban prayer or religious expression that is conducted in a constitutional way.