Goes with religion sheet
The Establishment Clause:
“Congress shall make no law respecting an establishment of religion.” On its surface, what does this clause
mean? Overall, how has it been
interpreted by the Supreme Court?
·
On the most basic level, the point
of the clause is that there is no state religion
·
The SC has interpreted it to
create a “wall of separation” between government and religion. The government must be completely neutral
(can’t give money to endorse a religion)
I.
Which of the following are
Constitutionally allowed? Do you see any
connection/ themes?
A.
The use of state funds for
bussing students to Catholic schools
1.
This is constitutional
2.
A state can give money to
help religious kids pay for bussing because it is a secular purpose and a safety
issue
B.
*The saying of a State
written prayer in a public school
1.
Was legal until 1962
2.
Engel v. Vitale
a)
Unconstitutional for the
state to write a prayer or set up tie for prayer in school (because that’s
endorsing religion)
b)
Kids can pray on their own
(teachers can’t force prayer)
c)
There can be religious clubs
C.
A “moment of silence” for
meditation or voluntary prayer in a public school
1.
Response from religious
people to deal with Engel v. Vitale
2.
Unconstitutional, because
even though it does not endorse a religion, there is still a peer pressure
aspect
3.
Kentucky decided put the 10
Commandments in every classroom, and this was decided to be
unconstitutional. Kentucky argued that
it is a basis of our legal system, but the Supreme Court said it is endorsing
religion because it is religious in nature and they are placed on their own
(unlike in the SC where the 10 Commandments is balanced because there is also
the Code of Hammurabi and other ancient legal writings)
D.
A “public” chaplain starting
a session of Congress with a prayer
1.
Constitutional
2.
Can do this in Congress
because it has always been done, and it is before adults so there is no issue
of peer pressure
E.
Public school teachers can be
used in parochial schools to teach remedial courses for needy children
1.
Constitutional
2.
Private schools don’t have
the resources to help these kids. The
public school teachers aren’t teaching religion, they are helping children with
learning disabilities (secular purpose and not endorsing religion)
3.
The wall can be penetrated
F.
The display of a nativity
scene (birth of Jesus) in a public park
1.
Unconstitutional on its own (if it is with a Menorah/
Christmas tree/ other secular scenes it is Constitutional)
2.
Combining does not endorse
one religion
3.
A nativity scene with a
Christmas tree and Santa Clause (and not a Menorah) is fine still because the
Christmas tree and Santa are secular
G.
The offering of a prayer at a
public school graduation ceremony
1.
Unconstitutional
2.
Similarly, players on the
field at a sporting event cannot gather for a prayer
H.
The teaching of “intelligent
design” as a part of a public school’s science curriculum
1.
Intelligent design is an idea
that the universe is so complex and finely tuned that there must have been a
creator who designed everything. It is
trying to make creationism (teaching creation based on the Bible) scientific
2.
Unconstitutional- intelligent
design is not a real science- it’s religious- and therefore it cannot be taught
in public schools
I.
*A state government pays the
salary of secular teachers working in parochial schools
1.
Lemon v. Kurtzman
a)
Lemon Test- used to determine
when public money can be given to religious institutions (especially involving
schools)
(1)
The government’s action must
have a secular legislative purpose
(2)
The government’s action must
not have the primary effect of either advancing or inhibiting religion
(3)
The government’s action must
not result in an “excessive government entanglement” with religion
2.
Unconstitutional
The Free Exercise Clause:
“Congress shall make no law prohibiting the free exercise of religion”
II.
Which of the following are
constitutionally allowed?
A.
A Mormon having more than one
wife
1.
Unconstitutional
a)
It’s “subversive of public
order”
2.
Mormons still marry many
wives, just without legal licenses
B.
An Orthodox Jew wearing his
yarmulke while serving in the Air Force
C.
The US Forest Service
allowing private companies to build roads and cut timber in national forests
that Native Americans have traditionally used for religious purposes
D.
Forcing students to salute
the flag during the Pledge of Allegiance
E.
Giving an exemption for
vaccinations to schoolchildren because of religious beliefs
1.
Unconstitutional- putting
other kids in the school in danger for not having the vaccination
F.
The government can draft
those who have religious objections to military service
G.
Banning animal sacrifices
which are part of religious ceremonies
H.
The use of peyote in Native
American religious rites
