4.2 notes AP US GOV

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Cornell Notes Topic/Objective: Name: Class/Period: Date: Essential Question: Questions: Notes: Distinguish the two types of religious rights protected by the First Amendment and determine the boundaries of those rights. The First Amendment contains two elements regarding religion and government. These elements are commonly referred to as the establishment clause and the free exercise clause. The establishment clause states that “Congress shall make no law respecting an establishment of religion.

The free exercise clause prohibits the abridgment of citizens’ freedom to worship or not to worship as they please. Sometimes these freedoms conflict. The government’s practice of providing chaplains on military bases is one example of this conflict; some accuse the government of establishing religion in order to ensure that members of the armed forces can freely practice their religion. Usually, however, the establishment clause and the free exercise clause cases raise different kinds of conflicts. Religious issues and controversies have assumed importance in political debate in recent years, 3 so it is not surprising that interpretations of the Constitution are intertwined with partisan politics. Civil Liberties and Public Policy Establishment Clause  The First Amendment prohibits an established national religion in the United States  The meaning of the establishment clause has been debated, with some arguing it only prohibits favoritism of one religion over another and others arguing it prohibits any support for religion at all  The debate continues to be relevant in issues such as government aid to church- related schools and prayer in public schools Lemon v. Kurtzman (1971)  Supreme Court decision that established guidelines for government aid to church- related schools  Aid must have a secular legislative purpose, have a primary effect that neither advances nor inhibits religion, and not foster excessive government entanglement with religion Zelman v. Simmons-Harris (2002)  Supreme Court decision that upheld a state program providing families with vouchers for religious school tuition Education  Proponents of aid to church-related schools argue it does not favor any specific religion  The largest religious school system in the country is the Roman Catholic Church, which receives most of the aid  Lyndon B. Johnson obtained the first substantial aid to parochial schools in 1965, arguing that the aid went to students, not schools  Supreme Court decisions have drawn a fine line between permissible and non- permissible aid, allowing use of public funds for building construction, instructional equipment, lunches, transportation, and standardized testing, but not teacher salaries or field trip transportation

Religious Activities in Public Schools  Supreme Court has opened public schools to religious activities  Public universities and high schools must allow student religious groups to use facilities for religious worship if other student groups are allowed to do so  Public schools must also rent facilities to religious groups if they rent to other organizations  The Supreme Court has held that a university was required to subsidize a student religious magazine, but a state could exclude students pursuing a devotional theology degree from a scholarship program The Establishment Clause:  Prohibits the government from establishing an official religion or excessively interfering with religion  Applies to public schools and other government-funded institutions Religious Activities in Public Schools:  The Supreme Court has ruled that public schools cannot sponsor religious activities, but students may engage in religious expression as long as it does not disrupt the educational environment  This includes prayer, Bible study, and religious music, as long as it is initiated and led by students and not by school officials School Prayer:  The Supreme Court has ruled that school-sponsored prayer, even if non- denominational and voluntary, is unconstitutional  Students are still free to pray on their own or with fellow students during non- instructional time Evolution:  Evolution is widely accepted as the scientific explanation for the origin of species and is taught in public schools  Creationism and intelligent design are not considered scientific theories and cannot be taught as such in public schools Public Displays:  The Supreme Court has ruled that religious symbols, such as the Ten Commandments, can be displayed on public property if they are part of a larger display of historical or cultural significance  Displays that have the primary purpose of advancing or endorsing a particular religion are unconstitutional The Free Exercise Clause:  Protects the right of individuals to freely practice their religion  Public schools must respect this right and cannot interfere with religious

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expression, as long as it does not disrupt the educational environment. Understood, here is additional information for each of the headings, all of which is taken from the article you provided: The Establishment Clause  The Establishment Clause is part of the First Amendment to the U.S. Constitution and it prohibits the government from making any law "respecting an establishment of religion".  The Clause's purpose is to prevent the government from endorsing or promoting one particular religion or favoring one religious group over another.  The Establishment Clause has been interpreted in various ways by the U.S. Supreme Court and lower courts, with some decisions interpreting it to mean a strict separation of church and state and others interpreting it to allow for some level of government involvement in religion. Education  According to the article, the Establishment Clause has implications for the role of religion in public schools.  In particular, the Clause prohibits public schools from promoting or endorsing religious beliefs and practices, although students are allowed to engage in religious activities on their own time.  The article mentions that there have been court cases challenging various aspects of religion in public schools, including the teaching of evolution and the display of religious symbols. Religious Activities in Public Schools  The article states that while public schools cannot promote or endorse religious activities, they can allow students to engage in religious activities as long as they do so on their own time and do not disrupt the educational environment.  For example, students are allowed to form religious clubs and to pray before class or during lunch, as long as these activities do not interfere with the education of other students.  The article also mentions that there have been court cases challenging the extent to which religious activities can be allowed in public schools. School Prayer  School prayer is a controversial issue that has been addressed by the U.S. Supreme Court and lower courts.  According to the article, the Supreme Court has ruled that organized prayer in public schools is unconstitutional under the Establishment Clause, as it constitutes government endorsement of religion.  However, students are still allowed to pray on their own time, as long as their prayer does not disrupt the educational environment. Evolution  Evolution is a scientific theory that has been challenged by some religious groups

who believe it contradicts religious beliefs.  According to the article, the teaching of evolution in public schools is considered constitutional under the Establishment Clause, as long as it is presented as a scientific theory and is not promoted as a religious belief.  The article mentions that there have been court cases challenging the teaching of evolution in public schools, but these challenges have generally been unsuccessful. Public Displays  Public displays, such as religious symbols on public property, can also be affected by the Establishment Clause.  According to the article, the Supreme Court has ruled that some types of religious displays, such as crosses and Ten Commandments monuments, are constitutional if they have a secular purpose and do not promote or endorse a particular religion.  However, other types of religious displays, such as religious banners or signs, may be deemed unconstitutional if they are seen as promoting or endorsing a particular religion. The Free Exercise Clause  The Free Exercise Clause is part of the First Amendment to the U.S. Constitution and it guarantees the right to freely practice one's religion.  According to the article, the Free Exercise Clause allows individuals and religious organizations to engage in religious activities and to express their religious beliefs, as long as these activities and expressions do not interfere with the rights of others.  The article mentions that there have been court cases challenging various restrictions on religious activities, such as laws requiring religious organizations to comply with certain health and safety regulations. The Establishment Clause:  "The Establishment Clause of the First Amendment prohibits the government from promoting or endorsing one religion over others or endorsing religion in general." Education:  "Public schools may not provide religious instruction, but they may teach about religion in a neutral, secular context." Religious Activities in Public Schools:  "Schools may not sponsor religious activities, but they may accommodate student- initiated and student-led religious expression." School Prayer:  "In 1962, the Supreme Court ruled in Engel v. Vitale that school-sponsored prayer in public schools was unconstitutional." Evolution:

 "The teaching of evolution in public schools has been the subject of legal challenges, but it remains a widely accepted scientific theory and is included in public school curricula." Public Displays:  "The Supreme Court has upheld the display of religious symbols in public places as long as they are part of a larger secular display and do not endorse a specific religion." The Free Exercise Clause:  "The Free Exercise Clause of the First Amendment protects the right of individuals to practice their religion freely without government interference." The Establishment Clause  The Establishment Clause is a part of the First Amendment of the United States Constitution and prohibits the government from making any law "respecting an establishment of religion."  In 1962, the Supreme Court case Engel v. Vitale ruled that school-sponsored prayer in public schools was unconstitutional.  Another important case is Lemon v. Kurtzman (1971), in which the Court established the "Lemon test," which determines the constitutionality of laws concerning religion based on three criteria: 1) it must have a secular legislative purpose; 2) its principal effect must not be to advance or inhibit religion; and 3) it must not result in an excessive entanglement of government with religion. Education  Public schools must remain neutral in matters of religion, but that does not mean they must be hostile to religion.  Public schools may teach about religion, but cannot promote or show preference for any particular religion.  Court cases such as Edwards v. Aguillard (1987) and Kitzmiller v. Dover Area School District (2005) further clarified the role of religion in public school education. In Edwards, the Supreme Court struck down a Louisiana law that required teaching creationism in public schools alongside evolution, finding that the law was designed to advance a particular religious viewpoint. In Kitzmiller, a federal court ruled that it was unconstitutional for a school district to require the teaching of intelligent design, as it was a form of creationism and therefore a violation of the Establishment Clause. Religious Activities in Public Schools  While public schools may not sponsor religious activities, they must allow equal access to school facilities for student-initiated religious groups.  For example, in Westside Community Schools v. Mergens (1990), the Supreme Court ruled that a federal law allowing equal access for student-led religious groups in public schools was constitutional.

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School Prayer  As mentioned previously, the Supreme Court case Engel v. Vitale established that school-sponsored prayer in public schools was unconstitutional.  However, students are still allowed to pray voluntarily and can form religious clubs or organizations in public schools. Evolution  Public schools may teach evolution as a scientific theory, but cannot promote or show preference for any particular religious viewpoint.  The court cases Edwards v. Aguillard and Kitzmiller v. Dover Area School District further clarified the role of religion in the teaching of evolution in public schools. Public Displays  Public displays that are religious in nature, such as nativity scenes or menorahs, are generally constitutional if they have a secular purpose and do not promote a particular religion.  For example, in Lynch v. Donnelly (1984), the Supreme Court ruled that a Christmas display that included a nativity scene was constitutional because it had a secular purpose of celebrating the holiday season and was part of a larger display of holiday symbols. The Free Exercise Clause  The Free Exercise Clause guarantees the right to freely exercise religion, but it is not absolute.  For example, in Employment Division v. Smith (1990), the Supreme Court ruled that a neutral law of general applicability, such as a ban on the use of peyote, can limit religious practices even if it has the incidental effect of burdening a particular religious practice.  However, in Church of Lukumi Babalu Aye v. City of Hialeah (1993), the Supreme Court ruled that a city ordinance prohibiting the slaughter of animals for religious sacrifices violated the Free Exercise Clause as it was targeted at the religious practices of a particular group and was not a neutral \

Summary: The establishment clause of the First Amendment prohibits government sponsorship of religion, religious exercises, or religious doctrine, but government may support religious activities that have a secular purpose if doing so does not foster its excessive entanglement with religion. The free exercise clause guarantees that people may hold any religious views they like, but government may at times limit practices related to those views. Questions: Notes:

Summary:

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