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Oct 30, 2023

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Cornell Notes Topic/Objective: Name: Class/Period: Date: Essential Question: Questions: Notes: Distinguish the two types of religious rights protected by the First Amendment and determine the boundaries of those rights. The First Amendment contains two elements regarding religion and government. These elements are commonly referred to as the establishment clause and the free exercise clause. The establishment clause states that “Congress shall make no law respecting an establishment of religion.

The free exercise clause prohibits the abridgment of citizens’ freedom to worship or not to worship as they please. Sometimes these freedoms conflict. The government’s practice of providing chaplains on military bases is one example of this conflict; some accuse the government of establishing religion in order to ensure that members of the armed forces can freely practice their religion. Usually, however, the establishment clause and the free exercise clause cases raise different kinds of conflicts. Religious issues and controversies have assumed importance in political debate in recent years, 3 so it is not surprising that interpretations of the Constitution are intertwined with partisan politics. Civil Liberties and Public Policy Establishment Clause  The First Amendment prohibits an established national religion in the United States  The meaning of the establishment clause has been debated, with some arguing it only prohibits favoritism of one religion over another and others arguing it prohibits any support for religion at all  The debate continues to be relevant in issues such as government aid to church- related schools and prayer in public schools Lemon v. Kurtzman (1971)  Supreme Court decision that established guidelines for government aid to church- related schools  Aid must have a secular legislative purpose, have a primary effect that neither advances nor inhibits religion, and not foster excessive government entanglement with religion Zelman v. Simmons-Harris (2002)  Supreme Court decision that upheld a state program providing families with vouchers for religious school tuition Education  Proponents of aid to church-related schools argue it does not favor any specific religion  The largest religious school system in the country is the Roman Catholic Church, which receives most of the aid  Lyndon B. Johnson obtained the first substantial aid to parochial schools in 1965, arguing that the aid went to students, not schools  Supreme Court decisions have drawn a fine line between permissible and non- permissible aid, allowing use of public funds for building construction, instructional equipment, lunches, transportation, and standardized testing, but not teacher salaries or field trip transportation

Religious Activities in Public Schools  Supreme Court has opened public schools to religious activities  Public universities and high schools must allow student religious groups to use facilities for religious worship if other student groups are allowed to do so  Public schools must also rent facilities to religious groups if they rent to other organizations  The Supreme Court has held that a university was required to subsidize a student religious magazine, but a state could exclude students pursuing a devotional theology degree from a scholarship program The Establishment Clause:  Prohibits the government from establishing an official religion or excessively interfering with religion  Applies to public schools and other government-funded institutions Religious Activities in Public Schools:  The Supreme Court has ruled that public schools cannot sponsor religious activities, but students may engage in religious expression as long as it does not disrupt the educational environment  This includes prayer, Bible study, and religious music, as long as it is initiated and led by students and not by school officials School Prayer:  The Supreme Court has ruled that school-sponsored prayer, even if non- denominational and voluntary, is unconstitutional  Students are still free to pray on their own or with fellow students during non- instructional time Evolution:  Evolution is widely accepted as the scientific explanation for the origin of species and is taught in public schools  Creationism and intelligent design are not considered scientific theories and cannot be taught as such in public schools Public Displays:  The Supreme Court has ruled that religious symbols, such as the Ten Commandments, can be displayed on public property if they are part of a larger display of historical or cultural significance  Displays that have the primary purpose of advancing or endorsing a particular religion are unconstitutional The Free Exercise Clause:  Protects the right of individuals to freely practice their religion  Public schools must respect this right and cannot interfere with religious

expression, as long as it does not disrupt the educational environment. Understood, here is additional information for each of the headings, all of which is taken from the article you provided: The Establishment Clause  The Establishment Clause is part of the First Amendment to the U.S. Constitution and it prohibits the government from making any law "respecting an establishment of religion".  The Clause's purpose is to prevent the government from endorsing or promoting one particular religion or favoring one religious group over another.  The Establishment Clause has been interpreted in various ways by the U.S. Supreme Court and lower courts, with some decisions interpreting it to mean a strict separation of church and state and others interpreting it to allow for some level of government involvement in religion. Education  According to the article, the Establishment Clause has implications for the role of religion in public schools.  In particular, the Clause prohibits public schools from promoting or endorsing religious beliefs and practices, although students are allowed to engage in religious activities on their own time.  The article mentions that there have been court cases challenging various aspects of religion in public schools, including the teaching of evolution and the display of religious symbols. Religious Activities in Public Schools  The article states that while public schools cannot promote or endorse religious activities, they can allow students to engage in religious activities as long as they do so on their own time and do not disrupt the educational environment.  For example, students are allowed to form religious clubs and to pray before class or during lunch, as long as these activities do not interfere with the education of other students.  The article also mentions that there have been court cases challenging the extent to which religious activities can be allowed in public schools. School Prayer  School prayer is a controversial issue that has been addressed by the U.S. Supreme Court and lower courts.  According to the article, the Supreme Court has ruled that organized prayer in public schools is unconstitutional under the Establishment Clause, as it constitutes government endorsement of religion.  However, students are still allowed to pray on their own time, as long as their prayer does not disrupt the educational environment. Evolution  Evolution is a scientific theory that has been challenged by some religious groups

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