Freedom of Religion

* The Establishment Clause: "Congress shall make no law respecting an

establishment of religion"

- Government cannot set up an official State religion

-> many states had and still have one

=> Catholic Italy and France, Anglican England

- Gov. cannot support one religion over another

-> Designed to stop religious civil wars over politics

- Generally, a "wall of separation between church and State"

* Free Exercise Clause: "Congress shall make no law... prohibiting the free

exercise" of religion

- Defends belief, but not necessarily behavior

-> Threats to individual and public safety may be restricted

- US explicitly a multi-religious society

-> Avoid religious civil war

* Issues in the Freedom of Religion

- Free Exercise issues

-> Satanism in prison

=> All manner of prayer groups are allowed, but Satanist practices banned as too

dangerous to prison community

-> LDS Church (Mormons) and bigamy

=> Declared a public nuisance

-> Immunization and child health care demanded

=> Some Christian sub-groups denied the right to let God heal to protect kids

-> Amish contentious objectors (won't fight in war)

=> Allowed, partially because they are a small community

- Establishment issues

-> the flag salute

=> in 1943 in West Virginia State Board of Ed. v. Barnette, Supreme Court ruled

that salute could not be mandatory

-> Public funding of religious education

=> Allowing people to take VOUCHERS for State money supports religion

=> This issue is still up in the air, but vouchers can be used in some places for

religious ed.

-> Social Services through religious charities

=> Providing cash to religious soup kitchens and homeless shelters

+> forces religion on people using public funds

=> the charities are already in place, so why not take advantage of efficiency rather

than duplicating

+> Republican have pushed through exemptions allowing this

-> "In God we Trust" and religious holiday displays in public spaces

=> Gov. allows recognition of tradition and community as long as it isn't coercive

=> A fine line based in common sense

-> Prayer in the schools

=> Private prayer OK, but announced prayer not

+> Public harassment and coercion possible

=> School-sponsored religious clubs forbidden for same reason

=> Religious clubs can sign up to use facilities just like everyone

-> Tax exemption for religious "business" and property

=> Letting them out of paying taxes supports religion

+> They pay less taxes forcing everyone else to pay more

=> Taxes could be used to suppress religion, so being tax-free avoids repression

=> Tax exemption a neutral compromise

=> Racist discrimination in a church is grounds for loss of exemption

+> Why not based on gender or sexuality discrimination

++> Catholic Church and women priests

++> Refusal of most churches to allow gay marriage