PLS 315-01

Review SCOTUS cases for paper

  • WI v. Yoder: Amish exempt kids from high school
  • Lukumi Babalu Aye v. Hialeah: Santeria animal sacrifice
  • Goldman: right of military members to wear Yarmulke
  • Ling: Native Am. rights, sacred lands protected from construction? (related to NAGPRA)
  • Seger: religious rt. of conscientious objectors (draft)
  • Lynch: religious display, public funded
  • Edwards: ID
  • Santa Fe: prayer before HS athletics
  • Murgans: restricted access to school facilities, equal access for religious groups
  • Marsh: legislative prayers at open of session

1776-1833: period of state disestablishment (CT, MA, VA, etc)

VA: strongest Anglican establishment

  • Jefferson (governor@1779), Madison, Patrick Henry participated in process
  • 1776 declaration of rts
  • protects free exercise, retains Ang. establishment
  • allows for exemptions for dissenters, minority faiths
  • Bill Establishing Rel. Freedom in VA
  • bill is tabled by legislature
  • 1784: Henry introduces compromise of multiple establishment
    • establish Christianity in general, including Catholics
  • 1785: Madison produces Memorial and Remonstrance
    • prompts reintroduction of Jefferson’s bill
    • passes 1786, becomes most disestablished part of western world at that time

1787 Constitution

  • passed 1787, ratified 1788
  • BoR passed 1789, ratified 1791
  • wholly secular, no religious language at all
  • article VI: no religious test = only religious reference
  • Baptists, Quakers wanted specific protection v. establishment
    • demanded Bill of Rights
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