Omar Bennett
Religious freedom is a fundamental and treasured civil liberty in the US, and it is guaranteed by the First Amendment to the Constitution. The First Amendment, which was added to the Constitution in 1791, includes the Establishment Clause and the Free Exercise Clause, which together protect religious freedom. The Establishment Clause prohibits the government from establishing an official religion, while the Free Exercise Clause protects the right to practice one's religion without interference from the government. The Supreme Court has interpreted these clauses to mean that the government must allow for the free exercise of religion without promoting or burdening it, and has established several permissible restrictions on these freedoms.
| Characteristics | Values |
|---|---|
| Religious freedom | One of the most fundamental and treasured civil liberties |
| First Amendment | Protects religious freedom |
| Free Exercise Clause | Protects citizens' right to practice their religion as they please, without interference from the government |
| Establishment Clause | Protects religious freedom |
| Lemon test | A three-part test to determine when government can assist religion |
| Supreme Court | Interprets the First Amendment and has established permissible restrictions on religious freedom |
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What You'll Learn
The Establishment Clause
The precise definition of "establishment" is unclear, and the amount of religious involvement tolerated by the Establishment Clause is uncertain. However, the Supreme Court has permitted religious invocations to open legislative sessions, the use of public funds for private religious school bussing, and the use of textbooks and university funds to publish student religious groups' publications.
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The Free Exercise Clause
> "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."
The First Amendment was drafted by James Madison, based on the Virginia Declaration of Rights. The Free Exercise Clause was designed to limit the government's power and protect individual liberties. The Supreme Court has the ultimate responsibility of interpreting the First Amendment and determining permissible restrictions on these freedoms.
At various times, the Court has applied a broad or narrow interpretation of the Free Exercise Clause. Initially, the First Amendment only applied to the US Congress, and state and local governments could abridge the clause if there was no similar provision in the state constitution. However, in 1940, the Supreme Court held in Cantwell v. Connecticut that the Free Exercise Clause is enforceable against state and local governments through the Fourteenth Amendment's due process clause.
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The Supreme Court's interpretation
The First Amendment to the U.S. Constitution, added in 1791, includes the Establishment Clause and the Free Exercise Clause, which together protect religious freedom. The Establishment Clause prohibits the government from making laws "respecting an establishment of religion", thereby ensuring the separation of church and state. On the other hand, the Free Exercise Clause prevents the government from prohibiting the free exercise of religion, allowing individuals to practice their religion as they choose.
The Supreme Court has interpreted these clauses in several cases, providing insight into the limits and reach of religious freedom. For example, in School District of Abington Township, Pennsylvania v. Schempp (1963), the Court found that a Pennsylvania law and school district policy requiring public school students to participate in daily Bible verse reading violated the Establishment Clause and the Free Exercise Clause. Similarly, in Murray v. Curlett (1963), the Court examined this case in combination with Abington v. Schempp and found that Baltimore, Maryland, public schools' daily opening exercises that included reading of the Bible and reciting of the Lord's Prayer violated the Establishment Clause.
In Gonzales v. O Centro Espírita Beneficente União do Vegetal (2006), the Supreme Court reviewed a case involving a church's sacramental use of hoasca, an illegal drug under the Controlled Substances Act. The church had filed for relief under the Religious Freedom Restoration Act of 1993 (RFRA), which prohibits the government from substantially burdening a person's religious exercise. The Court found that the government did not prove a compelling interest in barring the church's use of hoasca, and that there was already an exception made for the Native American religious use of peyote, demonstrating that the Controlled Substances Act could accommodate exceptions.
In Trinity Lutheran Church of Columbia, Inc. v. Comer (2017), the Supreme Court held that while a state need not subsidize private education, once it decides to do so, it cannot disqualify some private schools solely because they are religious. This case reaffirmed that denying a generally available benefit based on religious identity imposes a penalty on the free exercise of religion.
The Supreme Court has also clarified that constitutional protections extend only to sincerely held religious beliefs and activities. In evaluating free exercise challenges, the sincerity of one's religious beliefs may be considered to ensure that purported religious beliefs are not motivated by political, philosophical, or sociological ideologies. The Court has established permissible restrictions on religious freedoms, developing frameworks and legal standards to determine whether a restriction is constitutional. These standards tend to weigh the government's interest served by the restriction against the First Amendment rights burdened by it.
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Religious freedom in schools
The First Amendment of the United States Constitution guarantees religious freedom. The First Amendment protects two main ideas: the Establishment Clause and the Free Exercise Clause. The Establishment Clause prevents the government from establishing or promoting a particular religion, while the Free Exercise Clause allows individuals to practice their religion freely. These clauses uphold people's right to hold whatever religious beliefs they choose, or no religion at all, without interference from the government.
The First Amendment's protection of religious freedom also applies to students in public schools. Students have the right to pray, discuss, or express their personal beliefs with friends, as long as they do not disrupt classes. They can also wear religious clothing or jewellery and are allowed to distribute religious materials, such as pamphlets or Bible reading plans, as long as they follow the same rules as other student clubs and do not disrupt the school day. Students can also express religious messages in assignments, as long as they fit the guidelines of the assignment.
The Establishment Clause ensures that schools cannot endorse or promote any specific religious beliefs. This means that schools cannot display religious symbols or artefacts in a way that promotes a particular faith. Additionally, schools cannot force students to participate in religious activities, as this would violate the students' First Amendment rights.
To uphold religious freedom in schools, it is important to respect the diverse beliefs of all students and ensure that the school remains an inclusive and secular space. One approach to achieving this balance is to provide education on religious diversity and the principles of different faith traditions. This can help foster understanding and tolerance among students and prepare them for a religiously diverse world. Another approach is to teach about religion in an academic, objective, and unbiased manner, including studying the historical and cultural impact of religions and analyzing religious texts as literature.
While the First Amendment protects students' religious freedoms, it is important to note that there have been debates and court cases regarding the role of religion in schools. For example, the teaching of creationism alongside evolution in science classrooms has been a controversial topic, with courts ruling that teaching creationism in public schools violates the Establishment Clause. Additionally, displaying religious symbols in schools, such as the Ten Commandments, has been the subject of legal debate, with courts holding that such displays must have a secular purpose and not promote a specific religion.
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Religious freedom and taxation
The First Amendment of the US Constitution guarantees religious freedom. The First Amendment states:
> "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."
The First Amendment's two religion clauses, the Establishment Clause and the Free Exercise Clause, work together to protect religious freedom. The Establishment Clause prohibits the government from establishing an official religion or favouring one religion over another. The Free Exercise Clause protects the right to practice and believe in any religion, or no religion, without government interference. These clauses uphold the principle of separation between church and state, ensuring that individuals are free to exercise their religious beliefs without government imposition or promotion.
The Supreme Court has interpreted and applied these clauses in various cases, including Engel v. Vitale, which dealt with religion in schools, and Lemon v. Kurtzman, which established a three-part test to determine if government action constitutes an "establishment of religion". This test allows government assistance for religion if: it primarily serves a secular purpose; it does not promote or inhibit religion; and there is no excessive entanglement between church and state.
The interplay between religious freedom and taxation is complex and has been the subject of legal debate. Historically, some American colonies and towns had a system of "multiple establishments," where public support and taxation extended to multiple churches, allowing individuals to direct their contributions to their chosen church within certain limits. This approach balanced religious freedom with financial support for religious institutions. However, the First Amendment's prohibition on establishing religion restricts the government from using taxes to fund religious institutions exclusively.
Today, the government generally cannot use tax revenue to fund religious organisations or activities. This separation ensures that tax funds are used for secular purposes and do not promote or inhibit any particular religion. However, there may be exceptions, such as providing public funds for religious schools or organisations delivering public services, as long as they meet secular criteria and do not exclusively benefit one religion. Additionally, religious organisations may be exempt from certain taxes, recognising their unique status and contributions to society.
In conclusion, the First Amendment's guarantee of religious freedom has significant implications for taxation. While the Establishment Clause prevents the government from using taxes to establish or favour a religion, the Free Exercise Clause protects individuals' religious practices from taxation that could burden their free exercise of religion. The Supreme Court continues to interpret and balance these considerations, ensuring that taxation policies respect religious freedom while also maintaining the separation between church and state.
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