Transcript Slide 1
Part VI. Freedom of Religion
Constitutional Law II
Spring 2006
Mr. Morrison
Two major concepts
Free exercise
Establishment
Both applicable to states through 14th
Amendment
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Constitutional Law: Religion
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Free exercise
Laws that target particular religious
groups are unconstitutional
But individuals must obey ordinary
criminal laws, even if they affect
religious interests
Church of Lukumi Babalu Aye v. Hialeah
Employment Division v. Smith
See also Sherbert v. Verner
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Constitutional Law: Religion
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Establishment; symbols &
support
Basic rule: Lemon v. Kurtzman
Secular legislative purpose
Primary effect must neither enhance nor
inhibit religion
No “excessive enganglement
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Establishment: symbols and
support
Prayers in school prohibited
Religious instruction in schools
prohibited
Lee v. Weisman Commencement
Zorach v. Clauson
Edwards v. Aguillard (creationism)
Seasonal displays
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Establishment: The 10
Commandments
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
Financial aid prohibited, but
Child benefit Everson v. Bd. Of Ed. (school
bus service)
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
Purchase of secular services from
religious organizations is OK Zelman v.
Simmons-Harris
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