Wednesday, May 13, 2009

Religion

In the constitution, the First Amendment gives US citizens "freedom from religion." There is debate, however, about how religion should be dealt with in terms of government. The separatist view says the government should avoid complete contact with religion and should not endorse religious activities. The accommodation view says the government can support religion and associated activities. 

In the 1960's, the Supreme Court took a more separatist view during cases. In Engel v. Vitale, the constitutionality of the practice of praying each morning in a public school was challenged. Though the prayer had been developed by Protestants, Catholics, and Jews jointly, many parents still challenged the practice using the court pathway. The Supreme Court declared that a religious practice indicated improper government endorsement and pressure on religious belief. 


1 comment:

  1. The freedom is actually freedom of religion: you are free to believe whatever you want in terms of religion and to exercise your religion although the right to exercise your religion is not absolute. The key question--as you point out--is how high that wall of separation should between church and state. The Court has mediated that question and determined the height of that wall through a whole series of cases. In order to understand how the Court has ruled, its really necessary to understand the Lemon Test. Make sure you walk out of class with a solid understanding of the Lemon Test and how it applies to Establishment Clause cases.

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