Influence of Jewish Law in Some American Constitutional Amendments

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Kurtzman , in that it advanced religion by creating a school district unit of government that coincided with the neighborhood boundaries of a religious group. Capitol Square Review and Advisory Board v. Pinette The Court considered whether the Advisory Board of Columbus, Ohio, violated the free speech rights of the Ku Klux Klan when it used the Establishment Clause to deny them permission to erect an unattended cross on Capitol Square the state-house square during the Christmas season. Under Ohio law, Capitol Square is a forum for discussion of public questions and for public activities, and so is a space that is open to all on equal terms.

Santa Fe Independent School District v. Mitchell v. Chapter 2 was a federal program that through state and local agencies provided educational materials and equipment e. For this, the Court set out three primary criteria for whether government aid has the effect of advancing religion, under which it does so if it: 1 results in governmental indoctrination, 2 defines its recipients by reference to religion, or 3 creates an excessive entanglement.

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Good News Club v. Zelman v. In a decision, the Court held that the program aid was neutral in all respects toward religion, and that therefore the program did not violate the Establishment Clause. Tuition aid under the program was distributed to parents according to financial need, and where the aid was spent depended solely on where parents chose to enroll their children. Elk Grove Unified School District v.

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The policy requires each elementary school class to recite daily the Pledge of Allegiance. From this position, the Court procedurally could not proceed to answer the constitutional question. Locke v. It neither denies to ministers the right to participate in community political affairs […] nor requires students to choose between their religious beliefs and receiving a government benefit. Van Orden v. In a decision, the Court held that the Texas display of the monument falls on the permissible side of the constitutional line and so does not violate the Establishment Clause.

McCreary County v. American Civil Liberties Union of Ky. In each of the courthouses, 2 large, framed copies of the Ten Commandments were displayed alone. Cutter v. That degree of control is unparalleled in civilian society and severely disabling to private religious exercise.

In addition, RLUIP does not differentiate among bona fide faiths, and gives no privileged status to any particular religious sect. Gonzales v.

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The government maintained that the use of hoasca carried with it health risks and that the Controlled Substances Act could accommodate no exceptions. Hein v. Freedom From Religion Foundation The Court looked at whether taxpayers have standing to bring an Establishment Clause challenge against executive branch actions funded by general appropriations rather than by specific congressional grants. The George W. Bush administration issued executive orders creating an Office of Faith-Based and Community Initiatives for the purposes of allowing religious charity organizations to gain federal funding and hold conferences to promote those initiatives.

The Freedom From Religion Foundation sued, asserting this to be a violation of the Establishment Clause, because the conferences would favor religious organizations over nonreligious ones. Christian Legal Society v. Landmark Supreme Court Cases Reynolds v. Citation: US Epperson v.

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Citation: US 97 Lemon v. Citation: US Wisconsin v.

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Citation: US McDaniel v. Citation: US Stone v. Citation: US 39 Mueller v. Citation: US Marsh v. Citation: US Wallace v. Citation: US Employment Division v. Citation: US Zobrest v. Thomas v. The Court applied the Sherbert balancing test in several areas outside of unemployment compensation. The first two such cases involved the Amish, whose religion requires them to lead a simple life of labor and worship in a tight-knit and self-reliant community largely insulated from the materialism and other distractions of modern life. Wisconsin v.

Yoder held that a state compulsory attendance law, as applied to require Amish children to attend ninth and tenth grades of public schools in contravention of Amish religious beliefs, violated the Free Exercise Clause. The Court first determined that the beliefs of the Amish were indeed religiously based and of great antiquity.

Nothing in the record, the Court found, showed that this interest outweighed the great harm that it would do to traditional Amish religious beliefs to impose the compulsory ninth and tenth grade attendance. But a subsequent decision involving the Amish reached a contrary conclusion. In United States v. Lee , the Court denied the Amish exemption from compulsory participation in the Social Security system.

The objection was that payment of taxes by Amish employers and employees and the receipt of public financial assistance were forbidden by their religious beliefs. Accepting that this was true, the Court nonetheless held that the governmental interest was compelling and therefore sufficient to justify the burdening of religious beliefs. United States , in which the Court upheld the I.

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In other cases, the Court found reasons not to apply compelling interest analysis. Smith , discussed below. Emphasizing the absence of coercion on religious adherents, the Court in Lyng v. A high degree of deference is also due decisions of prison administrators having the effect of restricting religious exercise by inmates. Finally, in Employment Division v. Smith the Court indicated that the compelling interest test may apply only in the field of unemployment compensation, and in any event does not apply to require exemptions from generally applicable criminal laws.

Smith has potentially widespread ramifications. The Court has apparently returned to a belief-conduct dichotomy under which religiously motivated conduct is not entitled to special protection.

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Laws may not single out religiously motivated conduct for adverse treatment, but formally neutral laws of general applicability may regulate religious conduct along with other conduct regardless of the adverse or prohibitory effects on religious exercise. That the Court views the principle as a general one, not limited to criminal laws, seems evident from its restatement in Church of Lukumi Babalu Aye v.

Similar rules govern taxation. It does appear that, despite Smith , the Court is still inclined to void the application of generally applicable laws to religious conduct when the prohibited activity is engaged in, not by an individual adherant, but by a religious institution. Because of the broad ramifications of Smith , the political processes were soon used in an attempt to provide additional legislative protection for religious exercise.

The Act provides that laws of general applicability—federal, state, and local—may substantially burden free exercise of religion only if they further a compelling governmental interest and constitute the least restrictive means of doing so. Flores held the Act unconstitutional as applied to the states. Although Boerne held that RFRA was not a valid exercise of Fourteenth Amendment enforcement power as applied to restrict states, it remained an open issue whether RFRA may be applied to the Federal Government, and whether its requirements could be imposed pursuant to other powers.

Several lower courts answered these questions affirmatively, and the Supreme Court has applied RFRA to the Federal Government without addressing any constitutional questions. Congress responded to Boerne by enacting a new law purporting to rest on its commerce and spending powers. The Religious Land Use and Institutionalized Persons Act RLUIPA imposes the same strict scrutiny test struck down in Boerne but limits its application to certain land use regulations and to religious exercise by persons in state institutions.

Religious Test Oaths. Religious Disqualification.

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Schempp, U. Verner, U. S , emphasis in original. Brown, U. Watkins, U. United States, 98 U. Massachusetts, U. Lee, U. Smith, U.