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Religious Freedom

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Tax benefits to parents of Parochial School Children? ... Payment of Title I teachers in Parochial Schools does not violate establishment clause ... – PowerPoint PPT presentation

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Title: Religious Freedom


1
Religious Freedom
  • 1st Amendment
  • Congress shall make no law respecting an
    establishment of religion, or prohibiting the
    free exercise thereof or abridging the freedom
    of speech, or of the press or the right of the
    people peaceably to assemble, and to petition the
    Government for a redress of grievances.

2
Religious Freedom
  • 1st Amendment
  • Establishment Clause
  • Congress shall make no law respecting an
    establishment of religion
  • Government can not set up a church, nor pass laws
    which aid one religion, aid all religions or
    prefer one religion over another.
  • Free Exercise Clause
  • or prohibiting the free exercise thereof

3
Religious Freedom
  • Establishment Clause Early Interpretation
  • Taxation to support religious schools?
  • Transportation
  • Child Benefit Doctrine Everson (1947) pg.
    184
  • Funds expended for the benefit of child, not
    religious purposes
  • Designed to get children to and from school
    regardless of religion
  • Textbooks Allen (1968) pg. 187
  • Applied child benefit doctrine
  • Books not being used to teach religion
  • Private religious schools also serve a secular
    purpose
  • Opened floodgates of requests to support other
    programs in private religious schools that served
    a secular purpose

4
Religious Freedom
  • Establishment Clause
  • Lemon v. Kurtzman (1971) - pg. 190
  • (salary supplements for parochial school
    teachers)
  • The Lemon Test
  • Statute/Activity must have a secular purpose
  • Primary effect must neither advance or inhibit
    religion
  • Statute/Activity must not foster excessive
    government entanglements with religion
  • Wide open to court interpretation

5
Religious Freedom
  • Establishment Clause Interpretation after Lemon
  • Tax benefits to parents of Parochial School
    Children?
  • Mueller (1983) pg 196 Survives Lemon Test
  • Supreme Court has reinterpreted Lemon to require
    coercion
  • Supreme Court abandoned test in favor of
    neutrality standard in 1994
  • Justice Scalia quote page 199

6
Religious Freedom
  • Establishment Clause The Erosion of Lemon
  • Dont panic! these cases were not part of your
    assigned reading!
  • Zobrest v. Catalina Foothills (1993) pg. 202
  • Providing services under the IDEA to student
    attending Catholic High School does not violate
    Establishment Clause
  • Agostini v. Felton (1997) pg. 204
  • Payment of Title I teachers in Parochial Schools
    does not violate establishment clause
  • Mitchell v. Helms (2000) pg. 206
  • Federal Funds to religiously affiliated schools
    for acquisition of instructional materials does
    not violate Establishment Clause
  • Vouchers
  • Zelman v. Simmons- Harris (2002) pg. 221
  • Ohio voucher program does not violate
    Establishment Clause

7
The Role of Religion in Public Schools?
  • Establishment Clause v. Free Exercise
  • Release Time for Religious Instruction
  • McCollum (1948) pg. 244
  • Zorach (1952) pg. 246
  • Bible Reading and Prayer
  • Abington v. Schempp (1963) pg. 251
  • Posting Ten Commandments
  • Stone v. Graham (1981) pg. 253
  • Silent Meditation
  • Wallace v. Jaffree (1985) pg 255

8
The Role of Religion in Public Schools?
  • Establishment Clause v. Free Exercise
  • Prayer at graduation ceremonies
  • Lee v. Weisman (1992) pg. 258
  • Prayer at sporting events
  • Santa Fe v. Doe (2000) pg. 261
  • Course Content Evolution v. Creationism
    (not assigned reading)
  • Everson v. Arkansas (1968)
  • Edwards v. Aguilard (1987)
  • Kitzmiller v. Dover (2005)

9
Equal Access
  • Equal Access Act
  • Secondary schools can not discriminate against,
    deny equal access to or fail to provide an
    opportunity to students who wish to conduct a
    meeting in a limited public forum on the basis
    of religious, political, philosophical or other
    content of the speech at such meetings.
  • Limited Public Forum?
  • Offer an opportunity for non-curriculum related
    student groups to meet on school premises during
    non instructional time.
  • Good News Club v. Milford (2001)

10
Guiding Principles
  • 1st Amendment
  • requires public school officials to be neutral in
    their treatment of religion.
  • forbids religious activities and speech sponsored
    by government, but protects activities and speech
    initiated by private individuals.
  • http//www.ed.gov/policy/gen/guid/religionandschoo
    ls/prayer_guidance.html
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