| Cases and Resources
Chapter
40: Freedom of Religion
The Establishment
Clause
The Free Exercise Clause
The
Establishment Clause
Religious
Liberty: An Overview
Read an overview of the freedom of religion. This article
summarizes the significant events in American history that
have led to the current understanding of freedom of religion.
Supreme
Court Cases
Browse through a list of Supreme Court cases, by category,
each handling a different element of freedom of religion.
Click on the case name to read the full text of the decision.
The
Establishment of Religion
Read this lengthy but clear overview of the establishment
clause. What is the purpose of this clause of the Constitution?
Allegheny
v. ACLU
Read about the Supreme Court case dealing with holiday displays
on government property. From this site, read the full text
of the decision, listen to the oral arguments, or link to
other resources.
Lynch
v. Donnelly
Take a closer look at the Supreme Court case discussing whether
holiday displays are an “endorsement” of religion
by the government. From this site, read the full text of the
decision, listen to the oral arguments, or link to other resources.
Religion in Schools
The role of religion in schools encompasses a huge number of issues. Listen to programs or read articles on the Pledge of Allegiance, prayer in school or during extracurricular activities, evolution and creationism in the curriculum, and various other issues. There is also a collection of teacher materials available.
The
Establishment Clause and Public Schools
Learn how the establishment clause affects students in public
schools. Do any of these issues exist in your school?
Debate over the Pledge of Allegiance
The Pledge of Allegiance with the words "under God", often recited in schools, is the center of a new debate over the Establishment Clause. This site presents both sides regarding the appropriate use of the Pledge of Allegiance in public schools.
Tips
for Public Schools from President Clinton
Under President Clinton, the secretary of education issued
tips for public schools to comply with establishment clause
requirements. What can a public school do to ensure freedom
of religion is properly maintained in school?
Lee
v. Weisman
Read about the Supreme Court case described in “The
Case of the Rabbi’s Invocation.” From this page,
read the full text of the opinion, listen to the oral arguments,
or link to other resources.
Lemon
v. Kurtzman
This 1971 Supreme Court case established a three-part test,
known as the “Lemon test,” to determine if a government
law or action is constitutional under the establishment clause.
Read a summary of the case or link to the oral arguments,
the full text of the decision, or related resources.
Zelman
v. Simmons-Harris
Read about the 2002 Supreme Court case permitting Ohio’s
school voucher program. From this site, link to the oral arguments,
the full text of the decision, or related resources.
Back to Top
The
Free Exercise Clause
Free
Exercise of Religion
Visit FindLaw for an overview of the free exercise clause.
The government cannot interfere with the practice of religion,
but it can regulate religious practices for reasons other
than interfering with religion. After you read this explanation,
see if you can identify specific cases where this has been
allowed.
Free
Exercise of Religion and Famous Cases
After you read this short review of the free exercise clause,
click on the significant related cases to learn more about
how this constitutional right has been defined over the years.
Wisconsin
v. Yoder
Read the 1971 Supreme Court case described in “The Case
of the Amish Children.” From this site, link to the
full text of the decision, listen to the oral arguments, or
explore related resources.
Exceptions
to the Free Exercise Clause
From a table of important cases defining when the free exercise
clause will or will not bar a law restricting practice of
religion, click on the “full text” phrase next
to each case to read the decision. Begin with the 1878 polygamist
case mentioned in your text.
Employment
Division v. Smith
Read a summary of the Supreme Court case upholding the conviction
of a Native American man who ingested the drug peyote as part
of his religion. From this page, link to the full text of
the decision, listen to the oral arguments, or browse through
related resources.
American Indian Religious Freedom Act
Read the text of an amendment to the American Indian Religious Freedom Act that allows for the use of peyote in religious and ceremonial settings.
Rosenberger
v. University of Virginia
Read about the 1995 Supreme Court case mandating that all
student groups, both secular and non-secular, be treated the
same for funding purposes. From this page, link to the full
text of the decision, listen to the oral arguments, or browse
through related resources.
Capitol
Square Review and Advisory Board v. Pinette
Read about the 1995 Supreme Court case regarding the Ku Klux
Klan and the placement of a cross in an Ohio public park.
From this page, link to the full text of the decision, listen
to the oral arguments, or explore related resources.
School
Prayer in Public Schools
The debate over prayer in public schools centers on the First
Amendment. From this page, read the views opposing and supporting
school prayer. Which position do you think most closely satisfies
the First Amendment?
Back to Top
|
