-
1st Amendment
The First Amendment declares:
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. -
Clauses under the 1st Amendment
Under the 1st Amendment is the Establishment Clause and the Free Exercise Clause.
-The Establishment Clause states that the government or any of its entities may not promote any specific religion.
-The Free Excercise Clause prohibits the government to stand in the way of any individual who wants to practice his/her religion. -
Lemon v. Kurtzman
Facts-In Pennsylvania there is a statute that reimburses religious schools for teacher salaries, textbooks and other instructional materials. Rhode Island has a similar statute. Their statute allows the state to pay private school teachers a 15% salary supplement. Issues-Is it constitutional for the state to provide financial assistance to religious schools for the cost of teaching religious subjects. -
Lemon v. Kurtzman Continued
Decision-It is unconstitutional to recieve aid from the government while teaching religious subjects. Reasoning-The statutes given by the states result in "excessive entanglement" between the government and religion. Excessive entanglement is determined by the purpose of the institution benefited, nature of the aid given, and the resulting relationship between the government and church. From this court case came the Lemon Test -
The Lemon Test
The Lemon Test has 3 parts. It says a government practice is unconstitutional if...
1. It lacks a secular purpose
2. Its primary effect either advances or inhibits religion, or
3. It excessively entangles government with religion -
Lynch v. Donnelly
Facts-There was a Christmas display that included a nativity scene in a park which was owned by a non-profit organization. This was a tradition in that community for 40 years. Daniel Donnelly says that including the nativity scene violates the Establishment Clause. Issue- Does the inclusion of the nativity scene in a Christmas Display built by the city, in a park owned by a non-profit organization, violate the Establishment Clause? -
Lynch v Donnelly Continued
Decision- No the inclusion of the nativity scene doesn't violate the Establishment Clause Reasoning- The nativity scene is not an endorsement or advancement of religion by the government. It is considered a recongnition of Christmas. The Endorsement Test came into effect from the decision of this case. -
The Endorsement Test
The Endorsement Test seeks to determine whether the government endorses religion by means of the challenged action. A government action is invalid if it creates a perception in the mind of a reasonable observer that the government is either endorsing or disapproving of religion. -
Lee v Weisman
Facts-A Jewish Rabbi was invited by Robert Lee, principal of Nathan Bishop Middle School in Providence, Rhode Island, to deliver a prayer at his schools graduation. Parents of Deborah Weisman then filed a suit to challenge the practice of prayers at public school graduations. Issue- Whether including a clerical member who offer prayer as as part of the official school graduation violates the clauses under the 1st Amendment. -
Lee v. Weisman Continued
Decision- The inclusion of clerical members does violate the clauses under the 1st Amendment. Reasoning- The principals actions of giving guidelines for the prayer means the principal directed and controlled the content of prayer which is in direct violation of the Establishment Clause. The Coercion Test is a product from this case. -
The Coercion Test
The Coercion Test determines if school sponsored religious activities has a coercive effect on students. These activities are unconstitutional when 1. The government directs 2. a formal religious exercise 3. in such a way as to oblige the participation of objectors. -
Sante Fe High Independent School District v Doe
Facts- Up till 1995 the Sante Fe High School student who occupied the schools Elective Office of Student Council Chaplain, delivered a prayer over the public address system before each varsity football game during the course of the season. Issues-Is this practice a violaton of the Establishent Cause. -
Sante Fe v Doe Continued
Decision- Yes the delivery of a pre-game prayer does enfringe on ones rights from the Establishment Clause. Reasoning- The delivery of a pre-game prayer forces the audience to participate in religion even though it is a voluntary act to go to the game. The courts said that public prayer is not characterized as publich speech.
