Freedom of Religion

Civil Rights & Civil Liberties

Gov Unit 6

Ms. Ramos

http://www.freemasonrywatch.org/pics/bill.of.rights.gif

Bill of Rights

Why?

Who?

Civil Liberties:

Condition of ratification

James Madison

Basic individual rights Basic individual rights and freedoms and freedoms protected from protected from government violationgovernment violation

Freedom of Religion

• Establishment Clause • Congress shall Congress shall

make no law make no law respecting an respecting an establishment of a establishment of a religionreligion

Religion & Schools• McCollum McCollum

v. Board v. Board of of Education Education 19481948

• Engel v. Engel v. Vitale Vitale 19621962

• Religious classes Religious classes cannot be school cannot be school sponsoredsponsored

• Officially sponsored Officially sponsored prayer in schools prayer in schools violates establishment violates establishment clauseclause

• Equal Equal Access Access Act of Act of 19841984

• Release Time

• Allows all student Allows all student groups to use public groups to use public school buildings for school buildings for mtgnmtgn

• Allows students to leave class to attend religious sessions

Government Aid to Religion

• Lemon v. Lemon v. Kurtzman Kurtzman – 1971 – 1971 (Lemon (Lemon test)test)

• Law must have secular, secular, nonreligious purposenonreligious purpose

• Neither advance nor Neither advance nor limit religionlimit religion

• Not result in excessive Not result in excessive gov involvement w/ gov involvement w/ religionreligion

Taxes & Religion• Walz v. Tax Walz v. Tax

Commission Commission – 1970– 1970

• Tax exemptions help government help government take a neutral take a neutral approach approach

• Neither supporting Neither supporting it nor restricting itit nor restricting it

• Custom & Religion

• Many US symbols and symbols and customs involve customs involve religionreligion

• Court has ruled these Court has ruled these do not support religion -do not support religion -they recognize they recognize Americans’ deeply held Americans’ deeply held beliefsbeliefs

• Free Exercise Clause

• Reynolds v. US- 1879

• Right to believe as one wishes

• Prohibit bigamy