TOPIC 3 2 FIRST AMENDMENT FREEDOM OF RELIGION

TOPIC 3. 2 FIRST AMENDMENT: FREEDOM OF RELIGION Unit 3: Civil Liberties & Civil Rights

1 S T AMENDMENT--RELIGION: FREE EXERCISE CLAUSE • Free Exercise Clause – protection of the rights of individuals to exercise and express their religious beliefs • Citizens have a right to practice their preferred religion

FREE EXERCISE CASE EXAMPLES • A state refuses to allow a family to withdraw their children from high school. The parents argue that the high school is instilling values that run counter to their religious beliefs • A city passes a law banning animal sacrifice as part of a religious ceremony • Unconstitutional; the purpose of the law was to target a minority religious group • A school district expels students who refuse to say the pledge of allegiance because it conflicts with their religious beliefs • Unconstitutional; the government can’t compel speech, and religious groups have a right not to partake in patriot ceremonies

REYNOLDS V. UNITED STATES (1879) • Facts: George Reynolds was a member of the Church of Latter Day Saints. In harmony with his religion, he married two wives and was charged with bigamy. He claimed that the free exercise clause protected his right to follow his religious beliefs and that he should therefore be allowed to marry multiple women. • Question: Is religious duty or belief a defense to a criminal charge? • Holding: The Court upheld Reynolds's conviction and Congress’s power to prohibit polygamy. The Court held that while Congress could not outlaw a belief in the correctness of polygamy, it could outlaw the practice thereof. Finally, the Court

WISCONSIN V. YODER (1972) • Compelling Amish students to attend public school beyond 8 th grade violates the free exercise clause