Religion and the First Amendment

• What did the “freedom of religion” really mean to the Pilgrims?
• Why did they believe that permitting other religions in their community threatened their efforts?

Religion in Early America and Incorporation Doctrine

• Most colonies had an established church and “dissenting” sects were “tolerated.” Think about these words: “dissenting” and “tolerated.” What do they imply?

• To what extent did the First Amendment affect the ability of states to establish official churches?
• Why do you think the Constitution’s framers did not try to set a uniform national requirement on state religious practices?

• What two events brought regional religious practices before the Supreme Court?
  • What gave the federal government authority to intervene in Utah?
    • Should the federal government have intervened in Utah?
      • If yes, why? Why was this practice not protected by the First Amendment?
      • If no, why not? Where should the line be drawn be protected and unprotected religious practice?

• What exactly is the doctrine of incorporation?
  • Why is it essential to the contemporary importance of the Bill of Rights?
  • Without the Fourteenth Amendment, what sorts of things would the states be allowed to do?

Free Exercise Clause

• Is the distinction between religious belief and religious conduct established in Reynolds legitimate? Why or why not?
  • What good is the right to believe something if you are not allowed to act upon those beliefs?
  • Is this an empty guarantee or a distinction necessary to preserve order?

• Did the Court stake out a more appropriate position in later cases like Yoder? Explain.
  • Should religiously-based practices be more protected than non-religiously based practices? Why or why not?
  • Is this fair to non-believers?
    • Should a pacifist who refuses to serve in the military be granted more consideration or protection than a person whose pacifism is based on non-religious moral values?
    • Should religiously-based drug use be protected while recreational or “self-exploratory” use is not?

Establishment Clause and The Lemon Test

• Have the courts properly drawn the line between appropriate and inappropriate aid to religious schools?

• Do the Child Benefit Theory and Lemon Test make sense? Explain.

• According to the courts, which of these forms of public aid are acceptable?
  • secular textbooks
  • religious textbooks
  • secular subject teacher salaries
  • School maintenance
  • bus rides
  • speech and psychological services
  • computers
  • lab equipment
  • emergency fire department services

• Do you agree with the courts on all of these? Where would you draw the line?

School Prayer

• Should prayer be allowed in school?
  • What about non-denominational prayers? Or prayers to an unnamed deity?
  • What if the students vote to hold a prayer?
  • What about prayer clubs during lunch or after school in a classroom?
  • What if the students paid a use-fee for the room?
  • Are prayer clubs any different than political clubs?

School Vouchers

• What has the Court said about vouchers?
  • Do voucher programs pass the Child Benefit or Lemon tests?
  • Do you agree with the decision in Zelmon? Why or why not?
    • Could public money be paid directly to religious schools?
    • What is the difference in this case?
      • Is this a valid distinction? Explain.

Creationism and Intelligent Design in Schools

• Should Intelligent Design be taught alongside Darwinian science?
  • Should teachers be allowed to teach it as a separate subject?
  • Do prohibitions against the teaching of Intelligent Design violate teachers’ rights of speech?
  • Would the rights of non-religious students and teachers be violated by the teaching of Intelligent Design?
  • Are the religious rights of parents and students violated by the “one-sided” teaching of Darwinian science?
  • Is this a free exercise or establishment clause issue?

Future of Religious Freedom

• Should public money be used to fund “faith-based” initiatives?
  • What if these are proven effective in battling social problems such as substance abuse?
  • Does public funding to these initiatives set a dangerous precedent and open a hard-to-close door?
  • Would denying these initiatives funding be foolish given their success in treating serious social problems?