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Freedom of Religion
Cases and Controversies

First, What is Religion?
Judge Adams of the Third Circuit created these
three criteria:
1. A religion deals with issues of ultimate concern;
with what makes life worth living; with basic
attitudes toward fundamental problems of
human existence.
2. A religion presents a comprehensive set of
ideas--usually as "truth," not just theory.
3. A religion generally has surface signs (such as
clergy, observed holidays, and ritual) that can
be compared to well-recognized religions.

Is this A Religion?
Scientology is based solely upon the writings
of its founder, L. Ron Hubbard (1911-1986),
who is called Source. Scientology teaches that
Xenu, the dictator of the "Galactic Confederacy"
who 75 million years ago brought billions of his
people to Earth (then known as "Teegeeack") in
a DC-8-like spacecraft, stacked them around
volcanoes, and killed them with hydrogen
bombs. Official Scientology scriptures hold that
the thetans (immortal spirits) of these aliens
adhere to humans, causing spiritual harm to
people.

OR A BUSINESS?
Scientology’s method of spiritual
rehabilitation is a type of counseling
known as "auditing", in which practitioners
aim to consciously re-experience painful
or traumatic events in their past, in order
to free themselves of their limiting effects.
The Church charges for auditing and
other Church-related courses required for
advancing through the ranks of
Scientology. These programs can run to
tens or hundreds of thousands of dollars.

Founding Philosophy
“The Government of the
United States . . . gives to
bigotry no sanction, to
persecution no assistance”
-- George Washington
in a letter to the
Hebrew Congregation
of Newport, RI

First Amendment Clauses
There are two clauses in
the First Amendment
that touch on Religion:
1. The Free Exercise
Clause
2. The Establishment
Clause

The Free Exercise Clause
“Congress shall make
no law . . . prohibiting
the free exercise [of
religion]”

The Free Exercise
Clause guarantees
us the right to freely
practice any religion
or no religion without
government coercion
or control

The
Framers
believed
that
religious
belief
was a matter of conscience

The government may NOT interfere
with religious belief -
it may not attempt to force people to
believe or not
to believe

The government
MAY, however,
interfere with
religious practice,
but there must
be a compelling
reason of the
highest order

Pushing the Limits:
1.  Are religions that worship multiple gods
legally permitted?
Yes
2. What about religious worship that involves
handling poisonous snakes and drinking
strychnine (a poison)?
There are laws against it in most states, but
they are rarely enforced
3.  What about assisting a Buddhist monk to
commit ritual self-immolation, a political
protest?
No, this is considered assisted suicide.

A LOCAL CASE
FOX2NEWS DETROIT: "Lawsuit filed
against Dearborn Heights police for
forcing woman to remove hijab”
As you watch, consider whether you
believe the government has the right to
limit the freedom of religious practice of
Muslim women in this way.

! The First Amendment tells the
government to keep its hands off
our religion, our ideas and our
ability to express ourselves
! HOWEVER, other people have
rights too
! We only have freedom of religion
until we begin to step on the rights
of others

It is the job of our Courts
to determine how to
balance everyone’s rights
Case Study:
Massachusetts v. Twitchell
(1990)

A 2 year old boy becomes ill. His
parents, David and Ginger
Twitchell, do not seek traditional
medical assistance. Instead, as
members of the Christian Science
Church, they rely on prayer and
faith as their church teaches.
Several times the child appears to
get better, so the parents believe
their prayers are working.

Spiritual healing lies at the
theological heart of Christian
Science. Church doctrine holds that
all physical ailments are rooted in
fear, alienation from God and other
mental factors, and that real
healing is brought about by a
spiritual breakthrough that takes
place through prayer, study and
introspection.

Robyn Twitchell dies on April 8,
1986, of peritonitis from a
congenital bowel obstruction after
five days of being painfully ill. This
is a condition for which surgery has
a high success rate.
The parents are charged with
involuntary manslaughter.

Questions for Discussion:
1.  What is the state’s
responsibility for the welfare of
children?
2.  Do the parents have a right to
exercise their religious beliefs?

Reynolds v. U.S. (1878)
!  Issue: Polygamy
!  Court held that The First Amendment
protected religious belief, but it did not
protect religious practices that were
judged to be criminal such as bigamy.
Those who practice polygamy could no
more be exempt from the law than
those who may wish to practice human
sacrifice as part of their religious belief.

WISCONSIN V. YODER (1972)
!  Issue: Amish parents do not wish to send
kids to high school as required by Wisconsin
law
!  Court found that the values/programs of
secondary school were "in sharp conflict with
the fundamental mode of life mandated by
the Amish religion," and that individual's
interests in the free exercise of religion under
the First Amendment outweighed State's
interests in compelling school attendance

OREGON V. SMITH (1990)
!  Issue: Two Native Americans fired for
using peyote in religious ritual, and were
denied unemployment benefits
!  Court found that their religious rights
were not violated. Court has never held
that an individual's religious beliefs
excuse him from compliance with an
otherwise valid law prohibiting conduct
that government is free to regulate.

The Establishment Clause
“Congress shall make
no law respecting an
establishment of
religion”

! This means the government
cannot create an official
state religion in America
! The government cannot set
up a church or pass laws
which aid one religion, aid
all religions or prefer one
religion over another
! The government also cannot
disapprove of one religion or
all religions

What do you think?
In 2012, the public schools in Encinitas,
California, were teaching yoga classes to
their students. The schools defend the
classes as merely another element of a
broader program designed to promote
children’s physical and mental well-being. A
group of Christian parents sued the district,
claiming the classes constitute religious
indoctrination, and a transparent promotion of
Hindu religious beliefs and practices in the
public schools.

Founding Philosophy
Thomas Jefferson said the
First Amendment builds a
“Wall of
Separation”
between church
and state

Lemon v. Kurtzman (1971)
!  Issue: Pennsylvania and Rhode Island
passed laws allowing states to provide
funding for private religious schools.
!  Court ruled this violated the
Establishment Clause. Court ruled that
laws must pass a three-pronged test in
order to be considered
constitutional: the Lemon
Test.

The Lemon Test
1. the law must have a secular
(worldly) rather than religious
purpose
2. the primary effect of the law must
not be to advance or inhibit
religion
3. the law must not create an
excessive government
entanglement with religion

Classic Establishment Case:
Engel v. Vitale (1962)
In New Hyde Park, New York, students
recited the following every morning:
“Almighty God, we acknowledge our
dependence upon Thee, and we beg
Thy blessings upon us, our parents, our
teachers and our country. Amen.”

!  The school district said the prayer was
voluntary, and it didn’t refer to any specific
religion.
!  The Supreme Court rejected these
arguments, saying:
" Government-written prayers recited in public
schools were a violation of the separation of
church and state
" The fact that it was voluntary and non-specific did
not matter - the mere promotion of ANY religion is
a violation, even if it is not coercive

Too Lenient?
!  John Oliver: Televangelists
!  As you watch, consider whether the
U.S. government actually does too
much to accommodate religious
freedom.

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