Lesson 17: Freedom of Religion
In this lesson, we will talk about the separation of church and state in our
government, looking at relevant Supreme Court rulings in areas such as aid to
church-related schools, school vouchers, school prayer, and the teaching of
evolution. We will also learn about the Free Exercise Clause, and briefly
discuss the tax-exempt status given to religious organizations.
When the American colonies were first settled,
the rule in
England was dictated by a monarch who was influenced heavily by the church.
England endorsed a church and passed laws according to the church.
To avoid such an arrangement in
the United States, the Founding Fathers included the Establishment Clause as
part of the First Amendment, prohibiting the establishment of a church
officially supported by the national government.
The First Amendment states,
"Congress shall make no law respecting an establishment of religion."
Issues have come up over whether the government can aid schools that
have a religious affiliation.
In Lemon v. Kurtzman (1971), the Supreme Court ruled that
aid could NOT be used to fund a school with religious affiliation. A test was
put in place known as the Three-part Lemon Test. 1) Aid to schools has to be
nonreligious, 2) Aid cannot be used to advance or inhibit a religion, and 3) It
must avoid “an excessive government entanglement with religion.”
There is a fine line when it comes to aid. It cannot be used to subsidize the
school, but funds can be used to provide for lunches, textbooks, standardized
tests, and special education services even if the student is attending a
religious school.
School vouchers offer students an opportunity for a better education where the
public school is failing to meet adequate standards. But, does this violate the
establishment clause?
In 2002,
the Supreme Court ruled that
school vouchers do NOT violate the establishment clause because those funds
could be used for private schools. It does not create an excessive entanglement
with religion.
School prayer came up as an issue when the State Board of Regents of New York
wanted students to quote a prayer at the beginning of the day. The prayer did
not promote any particular religion, but the issue was that it still promoted
religion in general.
Engel v. Vitale (1962) ruled that the prayer does NOT violate the establishment
clause. However, the Supreme Court ruled that a government body such as a
school board does NOT have the right to compose and enforce the recital of a
prayer for any group of people.
The debate was not over yet. Attempts have repeatedly been made to
bring religion into schools in one way or another.
In Alabama, the attempt was to have a moment of silence in
public schools so students can pray or meditate. In 1985, the Supreme Court
struck that down because they concluded that the moment of silence lacked any
clear secular, or non-religious, purpose.
Certain religious groups have led a charge against teaching evolution. They
contend that it counters what they believe and they do not want their children
to be taught such things in school.
In 1968,
the Supreme Court ruled that prohibiting the teaching of evolution is in
violation of the establishment clause because it imposes religious beliefs.
The argument continued into a debate that Creation should be taught along with
Evolution as a representation of the "controversy" that exists. However,
opponents to the "teach the controversy" movement suggest that there is no
controversy in the science classroom, but that it could be a debate more
appropriate for other classes.
In America, a person can have any belief they want or they can have no belief
at all. They cannot be compelled to believe any particular religion, nor can
they be forbidden from following a religion.
That is what the Free Exercise Clause attempts to
establish. It is the provision of the First Amendment guaranteeing the free
exercise of religion.
However,
the freedom to practice religion does not allow an individual to
break laws or put anyone in harm. One example is that the national government
can require vaccinations regardless of religious beliefs.
Other stickier areas concern the endorsement of a political candidate by a
church, which is not allowed since the church enjoys tax-exempt status.
However, the IRS does not tend to respond to endorsements except in the case of
Branch Ministries in 2000.
They used their tax-exempt income to purchase advertisements in newspapers in
a campaign to
attack Democratic presidential candidate Bill Clinton. Branch Ministries soon
found their tax-exempt status revoked.