13.2 | Freedom of Religion

establishment clause

first clause of amendment 1 stating that "Congress shall make no law respecting an establishment of religion."

secular

nonreligious; not associated with any faith-based organization

free exercise clause

the First Amendment guarantee that prohibits government from unduly interfering with the free exercise of religion

Equal Access Act

1984, allows public high schools receiving federal funds to permit student religious groups to hold meetings in school

Everson v. Board of Education

1947, the Supreme Court upheld a local government program that provided free transportation to parochial school students; the law benefited the students rather than aided a religion directly

Board of Education v. Allen

1968, Court upheld state programs to provide nonreligious textbooks to parochial schools

Lemon v. Kurtzman

1971, Established 3-part test to determine if establishment clause is violated: nonsecular purpose, advances/inhibits religion, excessive entanglement with government.

Engel v. Vitale

1962, Struck down state-sponsored prayer in public schools. Ruled that the Regents' prayer was an unconstitutional violation of the Establishment Clause.

Westside Community Schools v. Mergens

1990, Ok to form a club for Bible reading & prayer and to meet on campus; voluntary membership & open to students of any religion

Minersville School District v. Gobitis

1940, upheld school regulation that students had to salute the flag, a patriotic symbol

West Virginia State Board of Education v. Barnette

1943, overruled Gobitis case and said patriotism could be achieved without forcing people to violate their religious beliefs

precedent

decisions made on the same issue in earlier cases

abridged

limited

flag salute cases

These cases illustrate how the Supreme Court can change its interpretation of the Constitution.

Parochial Schools

Schools operated by a church or religious group

Supreme Court

usually follows precedent on religious freedoms