Religion 3 - The Battle over Establishment 1st Am: Congress...

Info iconThis preview shows pages 1–5. Sign up to view the full content.

View Full Document Right Arrow Icon
The Battle over Establishment 1 st Am: “Congress shall make no law . . . respecting an establishment of religion” Q: what is establishment? Core meanings: Official church Official religious doctrine Worship directed by state officials Taxation to directly support worship Grant of state powers to churches (e.g., divorce law, inheritance, zoning)
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Contested areas: 1.Material aid: indirect or neutral public subsidy tuition vouchers faith-based charity 2.Symbolic support Xmas crèches 10 Commandments Pledge of Allegiance 3.Religiously motivated law/policy homosexual sodomy student-elected graduation prayer
Background image of page 2
3 Approaches to Establishment 1. Separationism: Lemon v. Kurtzman ( 40’s-70’s) no state meddling in religion no religious meddling in state 2. Expressivism: Lynch v. Donnelly (O’Connor) no state endorsement/rejection of religion material aid, symbolic reference ok if no endorsement 3. Neutrality: Rosenberger v. Virginia (Scalia) material, symbolic support ok if neutrally provided religiously motivated acts ok if democratically supported
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Separationism: Lemon v. Kurtzman (1971) Held: direct state subsidy of parochial school teacher salaries unconstitutional Lemon test: 1. Secular purpose 2. Primary effect must not advance/inhibit
Background image of page 4
Image of page 5
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 01/15/2012 for the course PHIL 359 taught by Professor Anderson during the Fall '09 term at University of Michigan.

Page1 / 11

Religion 3 - The Battle over Establishment 1st Am: Congress...

This preview shows document pages 1 - 5. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online