FREEDOM OF RELIGION

• (1791-1940) – Only 5 USSC cases relating to church / state

• (Since 1940) – 100 cases

• (since 1980 – 72 cases)

1. Establishment Clausea. Def: clause forbidding the

government from the following:

i. creating a state religion

ii. showing preference to one religion over another

iii. passing laws that aid/promote religion

iv.Keep in mind: restriction on gov’t, not a freedom for the people

2. Two Tests of Government Action 2. Two Tests of Government Action a. Endorsement test:

i. Does the action intend to endorse religion? Or…

ii. Does the action endorse religion in the eyes of the community members? (no matter the intent)

iii.If yes to either question violates Establishment Clause

b. Lemon Test

i. Must have a secular (state) purpose.

ii. Must neither help nor hinder religion.

iii. Must not lead to too much gov’t involvement in religion (or vice versa)

1. If no to any of these it

violates Establishment Clause

c. Ex: Should the government give funding to drug rehabilitation programs run by churches?

d. Ex: White House Christmas Tree?

3. Free Exercise Clause

a. Def: Clause allowing people to worship however they choose

belief is protected, but…

b. Restriction

i. Religious belief cannot be restricted

ii. Acting / Practice can be

iii. Religious practice restricted when it interferes with more important interests

1.Ex: A satanic cult requires the sacrifice of a non-believer once a year.

2.Ex: Mormonism (in the 1800s) called for men to have more than one

wife (polygamy).

iv. NOTE: Laws that intentionally restrict practice

violate free exercise

1.Ex: A town passes a law forbidding a broadcasted call to prayera. This was clearly created

to interfere with the religious practice of Muslims

4. Indirect Aid to Religion

a. Tax Breaks (Tax Exempt)

i. Churches don’t pay real estate taxes

ii. Do still receive police / fire services

1. Paid for by your taxes

b. Why are most professional businesses closed on Sundays?

(lawyers, doctors, banks, schools etc.)

i. So you can attend church!!!

ii. Do all religions practice on Sundays?