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Part VI. Freedom of Religion Constitutional Law II Spring 2006 Mr. Morrison Two major concepts Free exercise Establishment Both applicable to states through 14th Amendment Spring 2006 Constitutional Law: Religion 2 Free exercise Laws that target particular religious groups are unconstitutional But individuals must obey ordinary criminal laws, even if they affect religious interests Church of Lukumi Babalu Aye v. Hialeah Employment Division v. Smith See also Sherbert v. Verner Spring 2006 Constitutional Law: Religion 3 Establishment; symbols & support Basic rule: Lemon v. Kurtzman Secular legislative purpose Primary effect must neither enhance nor inhibit religion No “excessive enganglement Spring 2006 Constitutional Law: Religion 4 Establishment: symbols and support Prayers in school prohibited Religious instruction in schools prohibited Lee v. Weisman Commencement Zorach v. Clauson Edwards v. Aguillard (creationism) Seasonal displays Spring 2006 Constitutional Law: Religion 5 Establishment: The 10 Commandments Not in classrooms Stone v. Graham Nor in courthouses McCrary County v. ACLU But OK on capitol grounds Van Orden v. Perry Explain! Spring 2006 Constitutional Law: Religion 6 Establishment: Financial aid Financial aid prohibited, but Child benefit Everson v. Bd. Of Ed. (school bus service) Other services Neutral aid to all non-public schools Mueller v. Allen; Walz v. Tax Comm’n “Programs of true private choice” Spring 2006 Constitutional Law: Religion 7 Establishment Purchase of secular services from religious organizations is OK Zelman v. Simmons-Harris Spring 2006 Constitutional Law: Religion 8