Debating Church-State Relations and Related Free-Speech Issues
The staff wishes to acknowledge the special assistance of Margaret
E. Fisher in preparing this feature for publication.
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech . . .
Opening Clauses of Amendment I to the Constitution of the United States
Introduction
In this edition, Students in Action introduces you to a number of heated issues and
high-profile Supreme Court cases involving the opening clauses of the First Amendment.
These are the clauses that prohibit the establishment of religion, protect the free
exercise of religion, and guarantee the freedom of speech, which is essential to both.
A glimpse back to past in Established Churches in
Colonial Times shows how dominant colonial groups like the Puritans established
churches in American colonies despite the fact that they themselves may have fled
religious persecution in Europe. In Establishment
Clause: Heres How to Understand It! you will learn more fully just what an
establishment of religion is and how the U.S. Supreme Court ruled in several important
cases where the wall of separation between church and state was said to have
been breached. Youll also find out about two establishment issues that are getting
heavy news coverage this year: the debates over allowing religiously affiliated schools to
receive vouchers financed by public monies, as well as President Bushs newly
proposed plan to allow faith-based institutions to receive government funds to deliver
social services.
Issues involving religious minorities havent gone away-they have followed
Americans through their history until today. In Religious
Freedom and Todays Religious Minorities, you will become acquainted with a
recent Florida conflict that illustrates how one small religious groups practices
are protected by the Constitution despite the fact that they offend many mainstream
Americans living in the same vicinity. Another situation, this time from territorial Utah,
shows the opposite: how a stalemate can exist until a faith comes into compliance with
what mainstream Americans believe. Finally, continuing Native American attempts to have
government protect their sacred grounds and artifacts underscore the extent to which the
government might deny that protection.
Students in Action ends with Santa Fe: A School
Prayer or Free Speech Case? specially prepared by Dr. Bernard James of
Pepperdine University. Here, youll learn about the latest Supreme Court school
prayer case and how the changing nature of school campuses might have influenced the
Courts decision.
Completing the Take Action! activities at the end of each section will help you
begin to participate in, and influence, the public debates surrounding these and other
issues your generation will encounter that involve the Establishment Clause, the freedom
of religion, and the freedom of speech as the clause relates to both.
You can get started by completing the introductory Take Action! activity below.
Take Action! IntroductionSome legislators are calling for the motto In
God We Trust to be posted in public places. Find out more about their arguments, the
counterarguments, and additional resources to help you explore this question by visiting
the JusticeTalking website.
Credits
Student Central | Students in
Action
Debating
Church-State Relations and Related Free-Speech Issues
Established Churches in Colonial Times | Establishment Clause
Religious
Freedom and Today's Religious Minorities
Santa Fe: A
School Prayer or Free Speech Case? |
Related Articles/Resources
|