Chapter 40Chapter 40

Freedom of Freedom of ReligionReligion

Freedom of ReligionFreedom of Religion

Protected by the 1Protected by the 1stst Amendment AmendmentEstablishment Clause: Establishment Clause: – forbids the government from setting up a forbids the government from setting up a

state religionstate religion– from endorsing or supporting religion from endorsing or supporting religion – or preferring one religion over the otheror preferring one religion over the other

Free Exercise Clause: protects the right Free Exercise Clause: protects the right of individuals to worship or believe as of individuals to worship or believe as they choosethey choose

Establishment &Establishment &Free Exercise ClausesFree Exercise Clauses

Neutral toward religion: government should Neutral toward religion: government should NOT favor one religion over the other or NOT favor one religion over the other or favor religion over non~religion in its action favor religion over non~religion in its action or lawsor lawsRequires the government to accommodate Requires the government to accommodate religious belief and practice as long as it religious belief and practice as long as it does not establish or promote a state or does not establish or promote a state or national religionnational religionThe use of “God” printed on money & in our The use of “God” printed on money & in our Pledge of Allegiance has been upheld in Pledge of Allegiance has been upheld in CourtCourt

Establishment ClauseEstablishment Clause

11stst Amendment forbids state & federal Amendment forbids state & federal governments from setting up churches, governments from setting up churches, passing laws aiding one or all religions, passing laws aiding one or all religions, or from favoring one religion or anotheror from favoring one religion or anotherForbids the government from passing Forbids the government from passing laws barring or requiring citizen laws barring or requiring citizen attendance at any church or belief in attendance at any church or belief in any religious ideaany religious ideaT. Jefferson = “wall of separation T. Jefferson = “wall of separation between church and state”between church and state”

Endorsement TestEndorsement TestThe challenged law or government action The challenged law or government action must have a secular or non~religious must have a secular or non~religious purposepurpose

The primary effect of the law or action The primary effect of the law or action must be to neither advance nor inhibit must be to neither advance nor inhibit religionreligion

The operation of the law or action must not The operation of the law or action must not foster excessive entanglement of foster excessive entanglement of government with religiongovernment with religion

Free Exercise ClauseFree Exercise Clause

11stst Amendment protects the right of Amendment protects the right of individuals to worship as they choose.individuals to worship as they choose.

Religious BELIEF is protected, not Religious BELIEF is protected, not ACTIONS if they violate an important ACTIONS if they violate an important secular government interestsecular government interest

Courts will ALWAYS protect the religious Courts will ALWAYS protect the religious practicepractice