U.S. Government and Civics / Unit 4: Civil Liberties and the Bill of Rights
4.2 Freedom of Religion
Notes
The First Amendment has two religion clauses.
- Establishment clause: government may not establish an official religion or unconstitutionally favor religion. Jefferson described a "wall of separation between church and state."
- ***Engel v. Vitale* (1962)**: a state-written prayer led by public schools violates the establishment clause, even if voluntary. Students may still pray on their own.
- Free exercise clause: government may not unduly restrict people's practice of religion.
- ***Wisconsin v. Yoder* (1972)**: Amish families could not be forced to send children to school past eighth grade, because the state's interest did not outweigh their free exercise rights.
- Free exercise is not unlimited: laws that apply to everyone and do not target religion are generally allowed.
- The two clauses can pull in opposite directions, so courts must balance them.
Practice
A public school begins each day with a teacher leading a prayer written by state officials. Which clause and case apply?
Engel held that school-sponsored prayer violates the establishment clause.
In Wisconsin v. Yoder, the Court ruled that:
The Court protected the Amish community's religious way of life.
A student reads a religious book silently during free time at a public school. Is this protected?
The establishment clause limits government, not students' personal religious practice.
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