Unit 3:

Civil Liberties
and
Civil Rights
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 Topic 3.2
First Amendment:
Freedom of Religion
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 1st Amendment
• Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition
the Government for a redress of grievances.

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 Establishment clause
• No official religion or preferential treatment for certain
religions
• Wall of separation between church and state

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 Does the policy violate the Establishment Clause?
• A state law that prohibits the teaching of evolution in a science
class
• A state law that requires students to read the Bible at the start of
the school day
• A state using taxpayer money to pay for secular (non-religious)
materials for a private religious school
• A state using taxpayer money to pay for religious materials for a
private religious school
• States allowing parents to use taxpayer money (voucher) to
reduce the cost of private school tuition at religious schools
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 Lemon test
• Established by the Supreme Court to determine whether a
law violates the establishment clause
• Does it have a secular purpose?
• Does it inhibit or advance a religion?
• Is it “excessive entanglement” between government &
religion?

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 Establishment clause cases revisited
• A state law that prohibits the teaching of evolution in a
science class
• Unconstitutional violation of the establishment clause;
additionally laws that require schools to teach creationism
or intelligent design alongside evolution also violate the
establishment clause
• A state law that requires students to read the Bible at the
start of the school day
• Unconstitutional; promotes a religion

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 Establishment clause cases revisited
• A state using taxpayer money to pay for secular (non-religious)
materials for a private religious school
• Constitutional; the purpose is secular
• A state using taxpayer money to pay for religious materials for a
private religious school
• Unconstitutional; promotes a religion
• States allowing parents to use taxpayer money (voucher) to
reduce the cost of private school tuition at religious schools
• Constitutional; parents can use the money at any private
school, religious or non-religious
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 Engel v. Vitale (1962)
• States cannot hold prayers in public schools, even if
participation is voluntary and the prayer isn’t tied to a
specific religion
• State sponsorship of religious activities violates the
establishment clause

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 Engel v. Vitale (1962) Guide

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 Engel v. Vitale (1962) Guide

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 Free exercise clause
• Citizens have a right to practice their preferred religion

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 Free exercise case examples
• A state refuses to allow a family to withdraw their children
from high school. The parents argue that the high school is
instilling values that run counter to their religious beliefs
• A city passes a law banning animal sacrifice as part of a
religious ceremony
• Unconstitutional; the purpose of the law was to target a
minority religious group
• A school district expels students who refuse to say the pledge
of allegiance because it conflicts with their religious beliefs
• Unconstitutional; the government can’t compel speech,
and religious groups have a right not to partake in patriot
ceremonies
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 Wisconsin v. Yoder (1972)
• Compelling Amish students to attend public school beyond
8th grade violates the free exercise clause

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 Wisconsin v. Yoder (1972) Guide

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 Wisconsin v. Yoder (1972)

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 Reynolds v. United States (1879)
• Facts: George Reynolds was a member of the Church of Latter Day
Saints. In harmony with his religion, he married two wives and was
charged with bigamy. He claimed that the free exercise clause
protected his right to follow his religious beliefs and that he should
therefore be allowed to marry multiple women.
• Question: Is religious duty or belief a defense to a criminal charge? 
• Holding: The Court upheld Reynolds's conviction and Congress’s
power to prohibit polygamy. The Court held that while Congress
could not outlaw a belief in the correctness of polygamy, it could
outlaw the practice thereof. Finally, the Court held that people
cannot avoid a law due to their religion. 
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 Review
1. A person who believes there should be a firm wall
between church and state is concerned with the
___________ clause.
2. A person who is fighting for her right to practice her
religion as she sees fit is concerned with the
____________ clause.
3. Describe the facts of Engel v. Vitale (1962).
4. Describe the constitutional principle of Wisconsin v. Yoder
1972).
5. What is the purpose of the Lemon Test? 23
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