Religious Freedom Civil Liberties Civil Rights Rights Liberties
Religious Freedom Civil Liberties & Civil Rights
Rights & Liberties intro What is the government’s relationship to religion?
Freedom of Religion Civil Liberties & Civil Rights
Rights & Liberties Religious Freedom of Religion Addressed in the original constitution Article VI bans religious tests as a condition for holding public office The first part of the First Amendment addresses religious freedom of citizens
Rights & Liberties Tennessee Constitution Article IX: Section 3 – Any person who fights a duel, or challenges someone to a duel is deprived of the right to hold office. Freedom of Religion Article IX: Section 1 – No minister of the Gospel, or priest of any denomination whatever shall be eligible to a seat in either House of the Legislature Article IX: Section 2 – No person who denies the being of God, or a future state of rewards or punishments, shall hold any office in the civil department of this state These are still “on the books” but have been rendered unenforceable by Supreme Court decisions
Rights & Liberties First Amendment Freedom of Religion Important to note that it is the first provision of the First Amendment “Congress shall make no law respecting and establishment of religion…. Or prohibiting the free exercise thereof” Two clauses: Establishment Clause & Free Exercise Clause
Establishment Clause Civil Liberties & Civil Rights
Religion Establishment Clause Establishment “Congress shall make no law respecting an establishment of religion” The government cannot designate or create an official religion The government cannot show favoritism to one religion over another
Religion Establishment Clause Establishment Thomas Jefferson wrote that this creates a “wall of separation” between church and state Some want to restrict government involvement with religious institutions and remove religious references from government institutions and property Others want to relieve some of the existing prohibitions on the intermingling of religious and government institutions Some oppose the concept of a separation between church & state
Religion Establishment Clause Establishment Many of the issues regarding the separation between church and state revolve around schooling Public schools are run by states, and so are government institutions – attending school is mandatory Religion has played a role in schools forever. Religious institutions have always run schools
Religion Engel V Vitale Establishment Cases Schools in New York began the day by reciting a prayer. Schools all over the country had similar practices Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen The Court ruled that school sanctioned prayer violates the Establishment Clause The program was created by govt officials to promote a religious belief It doesn’t matter that the prayer was voluntary or not about any particular religion
Religion Engel V Vitale cases Establishment Cases Abingdon V Schempp – required Bible reading in school violates Establishment Wallace V Jaffree – no moments of silence for meditation or voluntary prayer Lee V Wiseman– no prayer at graduation ceremonies Sante Fe V Doe – no prayer at football games, even if student led
Religion Other school issues Establishment Cases Government can send public school teachers into religious schools to help with secular instruction Government can give “vouchers” that help pay tuition for religious schools Government can rent out school facilities for religious use Government can give religious student organizations the same rights as secular ones
Religion Other school issues Establishment Cases Government cannot create benefits for a religious group just because a school’s population is homogenous Government cannot allow religious instructors to teach during the school day Government cannot ban evolution or force the teaching of creationism Government cannot keep religious groups from using facilities if it rents them out to anyone else
Religion Non-school issues Establishment Cases Public displays can be tricky – government does not have to ignore religion but… There is no posting of the “Ten Commandments“ in a court house State can display religious documents if it’s part of a more inclusive, historical exhibit. Government cannot display “nativity scenes” for Christmas. They CAN – if they are part of a more inclusive, secular display
Religion Lemon V Kurtzman Establishment Cases The government provides funds for public schools. Can it provide similar funds for parochial private schools? YES – but only for secular purposes Lemon establishes the “Lemon Test” Aid to church schools must have a secular legislative purpose It has to have a primary effect that neither promotes nor inhibits religion It cannot foster an excessive govt “entanglement” with religion
Religion Establishment Clause Establishment Cases THE GOVT DOES NOT HAVE TO IGNORE RELIGION, IT JUST CAN’T PROMOTE IT. This does NOT require a complete separation of church and state State must accommodate all religions and cannot show hostility towards any
Free Exercise Clause Civil Liberties & Civil Rights
Religion Free Exercise Clause Free Exercise “Congress shall make no law…. Or prohibiting the free exercise thereof” This prohibits the govt from stopping citizens’ ability to worship as they please Free Exercise does not permit religious freedom to be an excuse for ALL behaviors People are allowed to BELIEVE what they want, but are not always allowed to PRACTICE how they want to
Religion Free Exercise Clause Free Exercise Religions sometimes forbid actions that society finds necessary Religions sometimes require actions that society finds unacceptable The government must have a “compelling interest” to restrict religious freedom Can the govt use an alternative form of regulation that would not infringe on a person’s religious beliefs and still achieve the state’s goal?
Religion Wisconsin V Yoder Free Exercise Cases Amish faith discourages higher education in order to preserve the Amish way of life Parents were fined when they pulled their children out of school after the 8 th grade. The state has compulsory education. If there is a conflict between free exercise and state compulsory education, who wins? The fine violated the Free Exercise clause because the values and programs of secondary school conflicted with the fundamental way of Amish life The state could provide no reasonable justification for NOT exempting this group
Religion Free Exercise cases Free Exercise Cases Wisconsin V Yoder– Amish can pull their children out of mandatory school Reynolds V United States– US does not allow polygamy Tarascco V Watkins – states may not require a religious declaration to hold office Murdock V Pennsylvania – people handing out religious material don’t have to get a license
Religion Employment Division of Oregon V Smith Employment Division V Smith Oregon V Smith Free Exercise Cases What If illegal drugs are part of religious ceremonies? People used peyote in a Native American religious ceremony and lost their jobs because of it. When they applied for unemployment benefits, they were denied since they were dismissed for “misconduct” Can the state punish them?
Religion Employment Division of Oregon V Smith Employment Division V Smith Oregon V Smith Free Exercise Cases The govt can indirectly limit religious practice as long as it doesn’t single them out for being religious practices The state’s interest in enforcing the law outweighs the interest in protecting religious freedom A person can’t defy “laws of general applicability” even as an expression of religious belief They were punished for the drug use. The decision was unpopular
Religion Religious Freedom Restoration Act Free Exercise Cases Congress passed laws in responses to the decision in Oregon V Smith Mandates the state must use “strict scrutiny” when determining whether or not free exercise has been violated A religiously neutral law can burden a religion as much as one intended to interfere with religion This makes sure that a law cannot interfere with religious practices unless the government can show it is narrowly tailored and has a compelling interest RFRA only applies to the federal govt
Religion Free Exercise Issues Free Exercise Cases Government can prevent human sacrifice Government can ban polygamy Government can build roads in sacred Native American lands Government can prevent parents from denying medical treatment for a child Government can deny tax exemptions to religious schools that discriminate
Religion Free Exercise Issues Free Exercise Cases Government cannot prevent animal sacrifice Government cannot prevent conscientious objection to military service Government cannot force you to participate in “pledge of allegiance” type activities
Religion Burwell V Hobby Lobby Free Exercise Cases Hobby Lobby is owned by an evangelical Christian family Affordable Care Act required employers to offer insurance plans that cover some types of contraceptives Hobby Lobby’s owners think that being forced to fund access to “Plan B” pills and IUDs violates their religious beliefs The Court allowed corporations to claim religious exemptions from federal laws
Religion Burwell V Hobby Lobby Free Exercise Cases This is the first time SCOTUS recognizes a corporation’s claim of religious belief This is limited to “closely held corporations” – do not have many owners or stockholders Struck down part of the ACA that required employers to cover contraceptives for female employees of those corporations The Court ruled the “contraceptive mandate” was not the “least restrictive” method of implementing the govt’s interest
Religion State RFRAs Free Exercise Cases State govts have passed their own versions of RFRA laws 21 states have passed their own RFRA, but most are just state versions of the federal law The state governments must show that they use the least restrictive method of implementing the govt’s interest More recently, states are passing RFRAs that raise problematic issues
Religion Indiana Religious Freedom Restoration Act Free Exercise Cases Signed into law by your boy, Mike Pence Allows corporations to deny or not render services to individuals or groups if it is a burden to the businesses’ religious convictions The law recognizes a business’s right to free exercise and allows it to use free exercise as defense in a discrimination lawsuit The law is vaguely worded, and seemingly targets the LGBT community. It could also allow discrimination against Christians
Bigly Ideas Civil Liberties & Civil Rights
Public Policy Wrap Up Establishment Clause Engel & Lemon cases Free Exercise Clause Oregon case Focus on these things:
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