First Amendment:

Freedom of Religion
Objectives
● Know the historical origins of religious freedom in
America.
● Analyze the Founding Fathers’ and Supreme Court’s
understanding of the relationship between church and
state.
● Construct your own interpretation of what the
government’s relationship with religion should be.
Warm-Up Activity
● Go to the Jamboard link and answer the question.
○ https://jamboard.google.com/d/1VQm8c-bZVzxdNGTnNiVacVsN68zEL0oBXeo-vdgviuU/e
dit?usp=sharing
The Establishment and Free Exercise
Clauses
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.
Intro/Background
● Prior to America’s independence,
religious intolerance and discrimination
was widespread.
○ Puritans persecuted Quakers in
Massachusetts.
○ The founder of Rhode Island,
Roger Williams, had to flee
Massachusetts to practice his own
religion.
○ Other states had similar struggles.
Intro/Background
● Founding Fathers wished to keep the ● Letter from Jefferson is in response
national government and religious to another letter from the Danbury
institutions separate. Baptists.
○ No religious tests. ○ Religious minority in
○ No national religion. Connecticut.
■ However, the states were free to
● The Danbury Baptists wrote to
establish a religion.
Jefferson hoping that the federal
● Uprooted when the 14th
Amendment was passed. ban would extend to churches.
● Many states abandoned their
official religion earlier.
○ E.g., NH, CT (1818), and
MA.
Critical Reading Activity
● Read Thomas Jefferson's Letter to the Danbury Baptists
○ Answer these questions:
■ What is Jefferson’s response to the Danbury Baptists?
■ What do you think Jefferson means by “a wall of separation between Church and
State?”
● Ex.) Must religion be separate from government/politics?
■ Should this letter be used as a guideline for the Supreme Court in its rulings? Why?
○ Here is a link to a Google doc if you want to see the questions while writing your answers:
■ Questions on Jefferson’s Letter to the Danbury Baptists
● Make a copy of the document if you want to write on it.
Jefferson’s Letter & the Supreme Court
● Reynolds v. United States (1878)
○ First reference to Jefferson’s letter by the Court.
○ The Court held that the federal government could not interfere with religious beliefs,
except when they violate notions of health, safety, and morality.
● Everson v. Board of Education (1947)
○ In this case, Justice Hugo Black said that states are required to be neutral with groups of
religious believers and non-believers.
○ However, the wall between church and state must remain high.
● Wallace v. Jaffree (1985)
○ Justice William Rehnquist governments do not violate the Constitution unless they try to
establish a religion or show preference to one religious group over another.
○ For Rehnquist, the “wall” should be much lower.
 Lemon test:
SCOTUS and Religion (1) it must have a secular legislative
purpose; and
● Over time, the Court has struck down
and upheld connections between
religious institutions and the
government. (2) a primary effect that neither
● In 1971, the Court started using the advances nor inhibits religion; and
Lemon test to help determine whether
the First Amendment had been violated.
○ See Lemon v. Kurtzman (1971)
● However, the test has not been used (3) it cannot create an excessive
consistently over the years. government entanglement with
religion (with a religious entity).
SCOTUS and Religion
The Court has upheld religion in these The Court has struck down religion in these
instances: instances:

● Religious exemption from high ● Prayer in public schools

school/compulsory education. ○ Engel v. Vitale (1962)
○ Wisconsin v. Yoder (1972) ● Bible reading in public schools
● Nativity scenes in public parks are ○ Abington School District v. Schemp (1963)
sometimes constitutional.
○ Lynch v. Donnelly (1984)
● Prayer before legislative sessions
○ Marsh v. Chambers (1984)
○ Town of Greece v. Galloway (2014)
Religion at School: What is Allowed?
● In groups, you will answer the hypotheticals in the document below.
○ Reference the Lemon Test and Jefferson’s letter. Use those to help inform your
opinions/answers.
● Freedom of Religion Hypotheticals
○ Include your name.
○ Turn into Schoology
■ Under Mr. Drees’ section
○ Not a graded assignment.
○ Finish what you can.
Exit Activity
https://jamboard.google.com/d/1VQm8c-bZVzxdNGTnNiVacVsN68zEL0oBXeo-
vdgviuU/edit?usp=sharing