The Freedom of Religion

Civil Liberties Lecture: Freedom of Religion

Introduction

  • Topic of discussion: Freedom of religion as part of civil liberties

  • Reference: Chapter four of the textbook

  • Previous lecture covered: Freedom of speech from the First Amendment

Overview of the Freedom of Religion

  • The Freedom of Religion comprises two primary components as outlined in the First Amendment:

    • Establishment Clause

    • Free Exercise Clause

Establishment Clause

  • Definition: "Congress shall make no law respecting an establishment of religion."

  • Purpose: Prohibits Congress from establishing an official state religion or favoring one religion over another.

  • Significance: Creates a separation between church and state.

Free Exercise Clause

  • Definition: "Congress shall make no law prohibiting the free exercise of religion."

  • Clarification: Although this clause protects religious practice, it is not absolute. Certain laws may restrict religious practices if they conflict with public laws.

  • Historical Context: The clause has evolved over time and has been shaped by court rulings.

Important Supreme Court Cases Regarding Free Exercise Clause

1. Reynolds v. United States (1879)

  • Participants: Mormon Church vs. State laws against polygamy.

  • Outcome: The Supreme Court ruled that while individuals are free to believe in polygamy as a religious tenet, the government can prohibit the act of polygamy.

  • Key distinction: Freedom to believe vs. freedom to act. You can believe in something (e.g., polygamy) but not necessarily act on it if it violates laws.

2. Snake Handling Cases in the Mid-20th Century

  • Practices of some charismatic churches included snake handling to demonstrate faith.

  • Outcome: State laws banning snake handling were upheld, further illustrating the distinction between belief and action.

3. Native American Religious Practices

  • Cases involving the ingestion of illegal hallucinogenic drugs (part of certain religious ceremonies) were likewise rejected by the Supreme Court.

Establishment Clause: Complexity and Ambiguities

  • The Establishment Clause is often more ambiguous than the Free Exercise Clause; its interpretation can vary widely based on circumstances.

  • Key issue: Separation of church and state, primarily debated in the context of public prayer and religious expressions in public institutions.

Prominent Case: Engel v. Vitale (1962)

  • Issue: Daily non-denominational prayer recited in New York schools.

  • Ruling: The practice was found unconstitutional, as schools are agents of the state and mandatory prayer constitutes government endorsement of religion.

Subsequent Prayer Cases

  • In 1992, the Supreme Court ruled against prayer at middle school graduations.

  • Similarly, prayers at public school football games were deemed unconstitutional.

  • Contrast with Congress: The Supreme Court permits prayers at congressional sessions, reasoning that adult lawmakers can resist perceived endorsements of religion due to their maturity.

Other Establishment Clause Applications

1. Voluntary Religious Activities in Public Schools

  • A 1981 ruling allowed students to use school facilities for bible study after hours, distinguishing it from mandated school prayer.

2. Lemon Test Criteria

  • Introduced in Lemon v. Kurtzman (1971), used by courts to evaluate potential Establishment Clause violations:

    1. Secular Purpose: The government action must serve a secular purpose.

    2. Primary Effect: The action must not inhibit or enhance religion.

    3. Excessive Entanglement: Must not foster excessive entanglement between government and religion.

Notable Cases Using the Lemon Test

1. Lynch v. Donnelly (1984)

  • Issue: Display of a nativity scene outside a municipal building.

  • Ruling: Not a violation, as it was accompanied by other secular holiday symbols (e.g., Christmas tree).

2. Pittsburgh Nativity Scene Case (1989)

  • Case ruled against because it was the only symbol displayed, thus promoting religion.

3. Kentucky's Ten Commandments Display

  • A law mandated the posting of the Ten Commandments in classrooms.

  • Struck down by the Supreme Court as a violation due to its explicit religious nature. Attempts to justify it as secular were rejected by the court.

4. Teaching of Evolution vs. Creationism

  • Ruling in 1987: The teaching of creationism was ruled unconstitutional, violating the Establishment Clause, while evolution was deemed acceptable to teach in public schools.

Conclusion

  • Freedom of Religion involves complex interactions of rights and interpretations, similar to freedom of speech.

  • In upcoming lectures, the discussion will shift to the right to privacy, an important civil liberty not explicitly mentioned in the Bill of Rights.