WTP Court Cases- Religion

New York's requirement of a state-composed prayer to begin the school day was declared an unconstitutional violation of the Establishment Clause.

The Court struck down a Pennsylvania law reimbursing religious schools for textbooks and teacher salaries. The decision held that a program does not violate the Constitution if: (a) it has a primarily secular purpose; (b) its principal effect neither aids nor inhibits religion; and (c) government and religion are not excessively entangled. This test is known as the Lemon Test

New Jersey's reimbursement to arents of parochial and private school students for the costs of busing their children to school was upheld because the assistance went to the child, not the church. Most importantly this case also applied the Establishment Clause to the actions of state governments.

States could not require special permits for religious solicitation when permits were not required for non-religious solicitation. Most importantly the court began applying the Free Exercise Clause to the states and recognized an absolute freedom of belief.

The Court ruled that Amish adolescents could be exempt from a state law requiring school attendance for all 14- to 16-year-olds, since their religion required living apart from the world and worldly influence. The state's interest in students' attending 2 more years of school was not enough to outweigh the individual right to free exercise

A nativity scene with the words "Gloria in Excelsis Deo," meaning "Glory to God in the Highest," placed alone on the grand staircase of a courthouse endorsed religion and violated the Establishment Clause.

Oregon could deny unemployment benefits to someone fired from a job for illegally smoking peyote during a religious ceremony. The Free Exercise Clause does not excuse people from obeying the law.

Two large, framed copies of the Ten Commandments in Kentucky courthouses lacked a secular purpose and were not religiously neutral, and therefore violated the Establishment Clause.

A six-foot monument displaying the Ten Commandments donated by a private group and placed with other monuments next to the Texas State Capitol had a secular purpose and would not lead an observer to conclude that the state endorsed the religious message, and therefore did not violate the Establishment Clause

Private companies are free to fire people who refuse to work on any day they claim is their Sabbath, because the First Amendment applies only to government, not to private employers.

Air Force penalties against a Jewish chaplain who wore a yarmulke (skull cap) on duty in defiance of regulations were upheld. The military's interest in uniformity outweighed the individual right to free exercise.

Court upheld Minnesota's extension of tax credits to parents for money spent on tuition, books, transportation and other costs associated with private and religious schools. Because the tax credits did not have the effect of advancing religion, and government and religion were not excessively entangled, there was no Establishment Clause violation.

An Alabama law setting aside a moment for "voluntary prayer" and allowing teachers to lead "willing students" in a prayer to "Almighty God . . . the Creator and Supreme Judge of the world" in public schools was struck down. The law had no secular purpose and endorsed religion, violating the Establishment Clause.

Officially approved, clergy-led prayer at public school graduations led to subtle religious coercion, and violated the Establishment Clause. A school district had to provide a sign interpreter to a deaf child at a religious school. The aid was constitutional because it went to the student, not the church.

A federal law banning polygamy was upheld. The Free Exercise Clause forbids government from regulating belief, but does allow government to regulate actions such as marriage.

An Arkansas law prohibiting the teaching of evolution was unconstitutional, because it was based on "fundamentalist sectarian conviction" and violated the Establishment Clause

The Court ruled that states could not deny unemployment benefits to a person for turning down a job because it required him/her to work on the Sabbath. Requiring a person to abandon their religious convictions in order to receive benefits was a violation of the Free Exercise Clause

The Court upheld a Pennsylvania law requiring stores to be closed on Sundays, even though Orthodox Jews claimed the law unduly burdened them since their religion required them to close their stores on Saturdays as well. The Court held that the law did not target Jews specifically as a group.