Transcript Slide 1

Part VI. Freedom of Religion
Constitutional Law II
Spring 2006
Mr. Morrison
Two major concepts
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Free exercise
Establishment
Both applicable to states through 14th
Amendment
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Free exercise
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Laws that target particular religious
groups are unconstitutional
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But individuals must obey ordinary
criminal laws, even if they affect
religious interests
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Church of Lukumi Babalu Aye v. Hialeah
Employment Division v. Smith
See also Sherbert v. Verner
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Establishment; symbols &
support
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Basic rule: Lemon v. Kurtzman
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Secular legislative purpose
Primary effect must neither enhance nor
inhibit religion
No “excessive enganglement
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Establishment: symbols and
support
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Prayers in school prohibited
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Religious instruction in schools
prohibited
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Lee v. Weisman Commencement
Zorach v. Clauson
Edwards v. Aguillard (creationism)
Seasonal displays
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Establishment: The 10
Commandments
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Not in classrooms Stone v. Graham
Nor in courthouses McCrary County v.
ACLU
But OK on capitol grounds Van Orden v.
Perry
Explain!
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Establishment: Financial aid
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Financial aid prohibited, but
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Child benefit Everson v. Bd. Of Ed. (school
bus service)
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Other services
Neutral aid to all non-public schools
Mueller v. Allen; Walz v. Tax Comm’n
“Programs of true private choice”
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Establishment
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Purchase of secular services from
religious organizations is OK Zelman v.
Simmons-Harris
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