U N I T 5 C H A P T E R 2 8

FREEDOM OF RELIGION

BACKGROUND

• In Colonial America, there was often religious intolerance in the colonies.• Rhode Island was founded by Roger Williams after

he was exiled from Massachusetts Bay Colony.• Separation of church and state prevents the

establishment of a state church or endorsement of any religion

ESTABLISHMENT CLAUSE

• Congress can not form a national religion• By 1833 no state had an established church• Broad interpretation- this position holds that the

government should not aid religion in anyway. It may give a religion the same treatment as any other group.• Narrow interpretation- government may not give

preferential treatment to one religion over another• Literal interpretation- government may not

establish a religion, but can participate in some religious practices such as Christmas celebrations

FREE EXERCISE

• The freedom to believe in a religion• Freedom to practice religious beliefs• Practice of religious beliefs may be limited to

protect civic values• Smith v Oregon (1990)• Church of Lukumi Babalu Aye, Inc. v City of

Hialeah

QUESTIONS THE COURT CONSIDERS

• Is the law to which religious adherents object neutral and does it apply to everyone?• If the law is not neutral and does not apply to

everyone, did the government have a compelling interest for enacting it, and did the government adopt the least restrictive means for furthering that compelling interest?