Freedom of Religion
I. Where do we find Freedom of Religion?
A. Article _______ : No religious test required as qualification for _________ or _________ __________.
B. ______ Amendment: “Congress shall make no law respecting an ______________ of _____________,
or prohibiting the ________ ____________thereof.
C. 14th Amendment: applies it to _________ & _________ laws.
1. Why was religion placed first of all rights in the Bill of Rights?
2. What did Thomas Jefferson mean when he said, “a wall of separation between church and state?”
3. Why were there so few cases dealing with religion between 1791 & 1940?
II. Establishment Clause
A. Definition: Forbids the government from ____________ (__________ ______) a state religion.
Prohibits the government from ____________ or ____________ religion and from _______________ one
religion over another.
1. Endorsement Test: Does the challenged law or government action have the _____________ or
___________ of endorsing religion in the eyes of members of the community?
2. Lemon Test
a. Challenged law or government action must have a secular, _______-__________ purpose.
b. The Primary effect of the law or action must be neither to ______________ nor to ___________
c. The operation of the law or action must not foster excessive _____________ of government with
C. Court Cases
1. Engle v Vitale (1962)
2. Abington v Shempp (1963)
3. Wallace v Jaffree (1985)
c. How does Texas get around this court decision? _______________________________________.
4. Lemon v Kurtzman (1971)
5. Santa Fe v Doe (2000)
6. Lee v Weisman (1992)
7. Jones v Clear Creek ISD (1995)
i. The senior class would take a _______ to see if a majority wanted a prayer at graduation or not
ii. If the ____________ did want a prayer, the students would then select the student(s) to say the
prayer(s) from a list of ______________.
iii. _______________ not allowed to participate in the vote other than to “advise.” Admin. could
look at prayer only to make sure that is was nonsectarian, nondenominational, and
c. Prayer at Cy-Lakes graduation?
8. Westside v Mergens
11. Elk Grove v Newdow
12. Lynch v Donnelly (1984)
13. Van Orden v. Perry (2005)
D. Evolution v. Creationism v. Intelligent Design
1. Intelligent Design "certain features of the universe and of living things are best explained by an
intelligent cause, not an undirected process such as natural selection."
a. Kitzmiller v. Dover
2. Evolution: The changes seen in the inherited traits of a population from one generation to the next.
a. _____________ ______________ is a process by which heritable traits that are helpful for survival
and reproduction become more common in a population, while harmful traits become more rare.
3. Creationism: a religious belief that humanity, life, the Earth, and the universe were created in their
original form by a deity
III. Free Exercise
A. Definition: Protects the right of individuals to ______________ as they choose. Religious belief is
protected, yet ____________based on those beliefs may not be.
1. Has the government ____________ a _____________on the free exercise of the plaintiff’s religion?
– Does the religion demand the kind of behavior in question and,
– Is the plaintiff engaged in good faith in that religion?
2. Does a _____________ ___________ _____________justify the burden placed on the exercise of
– State’s interest must be of the greatest importance to take precedence over the plaintiff.
3. Does the state have an ________________way of achieving its goals rather than infringing on the free
exercise of the individual’s religion?
C. Religious Viewpoints Anti-Disc. Act: The bill requires that school districts adopt and implement a policy
establishing a __________ ___________ _________for student speakers at school events, and ensures
other protections for students expressing their religious viewpoint.
D. Court Cases
1. West Virginia v. Barnett (1943)
2. Employment Division v Smith
3. U.S v Reynolds (1878)
4. Babalu v. Hialeah, FL
5. Wisconsin v Yoder (1972)
E. Conscientious Objector
a. Definition: One who is opposed to serving in the __________ ___________ and/or bearing arms
on the grounds of moral or religious principles.