Lesson 10 (Further Reading) Religious Freedom ws

• Religious freedom is the foremost right mentioned in the Bill of Rights.
• It remains a contentious topic with ongoing debates regarding its definition and protection.

Santa Fe Prayer Incident

• In Santa Fe, Texas, student Marian Ward recited a prayer over the loudspeaker at a high school football game, defying a court ruling against public prayer on school grounds.
• Fellow student Amanda Bruce protested, asserting the prayer could offend those of different faiths.
• Bruce helped organize a protest with signs reading "Prayer is Private."
• The Supreme Court later declared the practice of public prayer at football games unconstitutional.

Defining Religious Freedom

• Religious freedom is the right to worship as one chooses, or not at all, without interference.
• The definition and protection of this right are interpreted differently by different people.

Religious Liberty in the Colonies

• Colonists sought religious freedom in America but often didn't extend it to others.
• Most colonies established a government-sponsored church and penalized those practicing different faiths through punishments like fines, imprisonment, whipping, or even death.
• Increased religious diversity and Enlightenment beliefs gradually led to changes.
• Thinkers like Thomas Jefferson and James Madison advocated for equality, arguing that no religion should be favored to ensure equal rights for all.

Jefferson's Law

• Jefferson believed in the separation of church and state, advocating that government should neither support nor oppose any religion.
• In 1776, Jefferson began advocating for religious reform in the Virginia Assembly.
• As governor in 1779, he proposed a bill to make religious freedom the law in Virginia.
• The Virginia Statute for Religious Freedom, enacted in 1786, prohibited mandatory attendance or support of any religious institution and ensured freedom of religious expression.
• Jefferson considered this law one of his most important achievements as it formed the basis for religious freedom in the First Amendment.

The Religion Clause of the First Amendment

• James Madison included a clause on religious freedom in his proposal for the Bill of Rights.
• The final version of the religion clause in the First Amendment states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
• The clause only explicitly mentions Congress, leaving ambiguity regarding its application to the states.
• The phrase "an establishment of religion" is interpreted differently, with some believing it prevents the creation of an official religion and others arguing it prohibits all government involvement in religion, citing Jefferson's "wall of separation between church and state."

The Issue Moves to the Courts

• For 150 years following the Bill of Rights, there was little debate over religious freedom.
• In the 1940s, the Supreme Court began hearing cases involving potential violations of religious freedom at the state level, based on the Fourteenth Amendment.
• The Fourteenth Amendment, ratified in 1868, guarantees equal protection of the laws to all individuals, extending First Amendment rights, including religious freedom, to the states.
• In Everson v. Board of Education (1947), the Court ruled that public funds cannot be used for religious activities, but tax money can be used for basic services like bus transport for students attending Catholic schools.

School Prayer Cases

• Engel v. Vitale (1962): The Court struck down official prayer in New York public schools.
• Lee v. Weisman (1992): The Court banned school-sponsored prayer at graduation ceremonies.
• Santa Fe Independent School District v. Doe (2000): The Court prohibited schools from sponsoring prayer before football games.
• These decisions sparked protests, with some arguing that the Court was violating their religious freedom by prohibiting prayer and other religious activities.

Recent Rulings

• Town of Greece, NY v. Galloway (2014): The Court upheld the practice of opening town meetings with a prayer.
• Burwell v. Hobby Lobby (2014): The Court ruled that family-owned businesses can make certain business decisions based on religious beliefs.
• Ensuring religious freedom for all remains an ongoing challenge, with disputes that are not easily resolved.

An overview of religious freedom as the foremost right mentioned in the Bill of Rights. Includes the Santa Fe Prayer Incident. Also defines religious liberty in the colonies.