Heimler u3:L2 The 1st amendment

what is important about the first amendment in the protection of religion?

That practice of the religion matters more than the belief of the religion itself

Religious freedom

Balance is always between the religious practice of the majority and the free exercise of minority religious practice

“Congress shall make no law respecting and establishment of illusion or prohibiting the free exercise….”

Establishment clause

the government cannot create support or favor any religion

What are examples of establishment clause?

No school lead prayer

no official national law

No government promoting one religion over another

Free exercise clause

People are allowed to practice their religion however they want as long as it doesn’t break the law

What are examples of the free exercise clause?

You can wear religious clothing

You can pray wherever you want

You can go to church, mosque or temple

What does the “The wall of separation “ mean?

Refers to the idea that the government must stay separate from religion.

Where does the phrase the wall of separation comes from?

A letter written by Thomas Jefferson giving his interpretation of the establishment and free exercise clauses

Some factors have sought to strengthen the wall or weaken it. What are some examples of thickening it ?

Johnson amendment

What is the Johnson amendment?

it was attached to a 1954 tax bill by the Senator Lyndon Johnson

What did the Johnson amendment say?

Nonprofit organization, especially churches, cannot directly support or opposed political candidates if they want to keep their tax exempt status

What are the two cases that discuss in the highlight the first amendment?

1) Engel Vs vital

2) Wisconsin v Yoder

Engel vs.vital

Discusses whether prayer in public schools is constitutional

Wisconsin V. Yoder(1972)

The education law, conflicted with the Amish practice of removing their children from school after eighth grade

What if your religion demands a practice that is illegal?

it was decided in 1990 by the case of employment division V .Smith

Employment division V Smith

Two Native American men were fired from their jobs because they used peyote( an illegal drug) during a religious ceremony. They applied for an unemployment benefits, but the state said no because they were fired for breaking the law and they argued that this violated their free exercise rights.

None of our liberties are absolute. How?

the court ruled that the free exercise of our religion could be restricted that practice is illegal