Chapter 19 2 Freedom of Religion Religion and

Chapter 19. 2 Freedom of Religion

Religion and the Bill of Rights Alexis de Tocqueville: churches & the genius of the country Early colonial history and religion 1 st & 14 th amendments: n n Prohibit the establishment of religion Prohibit any arbitrary interference by government (free exercise of religion)

Separation of Church and State The Establishment Clause: The separation of church and state Controversial Issues: n n Churches are tax-free Oaths Beginning government sessions with prayer National anthem and currency Emerson v. Board of Education (1947): Public, taxsupported busing of students attending any school in the state, including parochial schools. Released Time: Public schools must release students from school to attend religious classes.

Church and State (Continued) Prayers and the Bible Student Religious Groups Evolution Seasonal Displays Chaplains in Congress and the state legislatures Tax Exemptions State aid to parochial schools

The Lemon Test Lemon v. Kurtzman (1971): The Lemon Test: n n n The purpose of the aid must be clearly secular, not religious Its primary effect must neither advance nor inhibit religion It must avoid an excessive entanglement of government and religion

The Free Exercise of Religion The Free Exercise Clause: The right to believe whatever that person chooses to believe in matters of religion Restrictions: Cannot violate criminal laws, offend public morals, or threaten the health, welfare, or safety of the community n Polygamy, school vaccination, snakes, “blue laws, ” etc.