The Supreme Court, the First Amendment, and Belief The curriculum, Religious Liberty: The American Experiment,

including a series of teacher professional development programs around the country, was made possible by generous donations from the George Washington Institute for Religious Freedom.
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Mission Statement
Established in 1999, the Institute is a 501(c)(3) not for profit charity focused on providing educational resources on America's Founding documents and principles for teachers and students of American History and Civics. Our mission is to educate young people about the words and ideas of the Founders, the liberties guaranteed in our Founding documents, and how our Founding principles continue to affect and shape a free society.

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Common Core State Standards for English Language Arts & Literacy in History/Social Studies

8. Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy (e.g., The Federalist, presidential addresses).

Important Definitions
Tolerance: refers to individuals relationships and attitudes toward one another; capacity for or the practice of recognizing and respecting the beliefs or practices of others. Toleration: government policy that permits the practice of certain religions; the practice of religion is a privilege allowed by government. Religious liberty: the idea that freedom of conscience is an inalienable right not under the legitimate control of government.
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Religious Liberty Pre-Assessment

Which of these statements reflects the highest degree of religious liberty?
1. No person professing to believe in Jesus Christ shall from henceforth be any waies troubledin respect of his or her religion 2. No subject shall be hurt, molested, for worshipping God in the manner and season most agreeable to the dictates of his own conscience

3. All possess alike liberty of conscience and immunities of citizenship.

4. All men should enjoy the fullest toleration in the exercise of religion, according to the dictates of conscience.

5. Not sure

Religious Liberty Pre-Assessment

How did the phrase a wall of separation between church and state become part of our national dialogue about religious liberty?

1. It came from Magna Carta. 2. It came from the Bill of Rights. 3. It came from a letter by George Washington. 4. It came from a letter by Thomas Jefferson 5. Not sure

Which statement most accurately completes a comparison between religious toleration and religious liberty?
Religious toleration means that people can worship as they wish, but government has the legitimate power to intervene for any reason.

1. Religious liberty means the same thing.

2. Religious liberty means people have a human right to worship as they wish without government interference for any reason.
3. Religious liberty means that people have a human right to worship as they wish, and government can intervene only to protect the life, property, and safety of others. 4. Religious liberty means that the government can regulate or deny religious worship as they see fit. 5. Not sure
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Religious Liberty Landmark Cases

Establishment Clause Issues in the Public Schools Cases are presented here as a warmupsee Lesson 5 in Religious Liberty: The American Experiment for a Document-Based Question using this historical background.
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Landmark Supreme Court Cases-Religious Freedom

A public school teacher may lead the class in prayer at the beginning of class time.
1. True 2. False

False: Engel v. Vitale (1962) New York Board of Regents suggested prayer for the beginning of the school day violated the Establishment Clause. Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen. Students who objected could be excused during the prayer. The state school board did not require the use of this prayer, but did compose and endorse it.

Landmark Supreme Court Cases-Religious Freedom

Teachers may teach about religion in public school. 1. True

2. False

True: School District of Abington Township v. Schempp, 1963 It might well be said that ones education is not complete without a study of comparative religion, or the history of religion and its relationship to the advancement of civilization. Study of the Bible or of religion, (must be)presented objectively as part of a secular program of education

Landmark Supreme Court Cases-Religious Freedom

Tax money may be used to help pay teacher salaries in church-related schools.
1. True
2. False
False: In Lemon v. Kurtzman, 1971, the Court developed the three-part Lemon Test for laws dealing with religious establishment. Such a law must : 1. have a secular purpose, 2. have principle effects that neither advance nor inhibit religion, and 3. not foster an excessive government entanglement with religion.

Alton Lemon

Landmark Supreme Court Cases-Religious Freedom

A public school teacher may post the Ten Commandments in his or her classroom.
1. True
2. False

False: Stone v. Graham 1980. Unless such a poster is part of a historical display with a secular purpose, for example, in comparative religion or literature studies, the display would violate the Establishment Clause.

Landmark Supreme Court Cases-Religious Freedom

A state legislature may require public schools to institute a moment of silence for meditation or voluntary prayer.
1. True 2. False

Depends on the true purpose of the law. In Wallace v. Jaffree 1985, it was clear that the Alabama legislature intended to encourage school-sponsored prayer, so the Alabama statute was unconstitutional.

Landmark Supreme Court Cases-Religious Freedom

Public school students have the right to pray individually or in groups while at school. 1. True
2. False

True: Board of Education of Westside Schools v. Mergens 1990 Students may discuss religious topics with their peers as long as they are not disruptive. The Establishment Clause prohibits school endorsement of religious views, but it does not apply to purely private speech; the same rules of order apply to voluntary religious speech as apply to any other type of voluntary student speech.

Landmark Supreme Court Cases-Religious Freedom

Public school students may express their religious beliefs in the form of reports, 1. True homework, and artwork. 2. False
True: (Mergens, 1990) Teachers must not reject or correct such submissions simply because they include a religious symbol or address religious themes. These assignments should be judged by ordinary academic standards of substance, relevance, appearance and grammar. There is a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect.

Landmark Supreme Court Cases-Religious Freedom

Public school students may meet in a Bible Study Club on school grounds after school hours. 1. True
2. False

True: (Board of Education v. Mergens, 1990) According to the Equal Access Act, students must be allowed to participate in religious clubs on the same terms as any other noncurricular club. School officials may not actively participate in club activities and non-school persons may not control or regularly attend club meetings.

Landmark Supreme Court Cases-Religious Freedom

A Rabbi may lead the audience in a nondenominational prayer at public school graduation. 1. True
2. False

False: Lee v. Weisman 1992: The Establishment Clause was inspired by the lesson that in the hands of government what might begin as a tolerant expression of religious views may end in a policy to indoctrinate and coerce. Prayer exercises in elementary and secondary schools carry a particular risk of indirect coercion. (Providence, RI)

Landmark Supreme Court Cases-Religious Freedom

Public school officials may plan religious baccalaureate ceremonies.

1. True 2. False
False: Lee v. Weisman. School officials, when acting in their official capacities, are representatives of the state and may neither encourage nor impede student religious activity. The Establishment Clause means that the school must maintain a position of official neutrality. If the school rents out its facilities to private groups, it must rent them on the same terms to organizers of religious activities.

Landmark Supreme Court Cases-Religious Freedom

Public school teachers and administrators may actively participate in the annual See You at the Pole observance. 1. True 2. False
False: Peloza v. Capistrano Unified Sch. Dist. ; Lee vs. Weisman; others.Such events are permissible for students, subject to ordinary time, place, and manner policies set by the schools. However, school officials, acting in an official capacity, may neither discourage nor encourage participation in such an event. Any school officials attendance at such events in a custodial oversight role must be voluntary and non-participatory.

Landmark Supreme Court Cases-Religious Freedom

Students may lead the student body in prayer on the P.A. system before public school football games.
1. True 2. False

False: In Santa Fe Independent School District v. Doe, 2000, the Supreme Court ruled that such a practice indicates school support for religious views, and is impermissible.

Landmark Supreme Court Cases-Religious Freedom

State funding may be used to purchase computer equipment for religious schools.
1. True
2. False
True: Mitchell v. Helms 2000 Supreme Court held that the government could pay for computer equipment for public, private, and religious schools because the secular goal was improved education for students.

Landmark Supreme Court Cases-Religious Freedom

A public school coach may encourage and participate in a student-led pre-game prayer with his/her team.
1. True

2. False
False: Borden v. School District of the Township of East Brunswick . However, teachers may engage in private religious activity in faculty areas. Supreme Court denied Bordens request on March 2, 2009.

Landmark Supreme Court Cases-Religious Freedom

A public school student may post the Ten Commandments in his or her locker.
1. True
2. False

True: Various. If students are permitted to personalize or decorate the inside of their lockers, schools must not discriminate against religious messages.

Lesson One
Massachusetts Bay and Rhode Island
Two Views of Religious Liberty

Lesson One: Massachusetts Bay and Rhode IslandTwo Views of Religious Liberty What is religious liberty?
All the people of god within this Jurisdiction who are not in a church way, and be orthodox in Judgment, and not scandalous in life, shall have full liberty to gather themselves into a Church Estate. Provided they do it in a Christian way, with due observation of the rules of Christ revealed in his word. The Liberties of the Massachusetts Colony in New England, 1641 *T+hey have freely declared, that it is much on their hearts (if they may be permitted), to hold forth a lively experiment, that a most flourishing civil state may stand and best be maintained, and that among our English subjects, with a full liberty in religious concernments Charter of Rhode Island and Providence Plantations, 1663

Lesson One: Massachusetts Bay and Rhode IslandTwo Views of Religious Liberty
Overview For Puritans like those who settled Massachusetts Bay, religious liberty meant the freedom to establish religious communities, and to reject from those communities those who did not share their religious perspective. By contrast, Rhode Island was founded on the express principle of religious freedom for all. Rhode Island welcomed people of every (or no) faith, including Quakers and Jews, who were not permitted religious freedom anywhere else in the North American colonies.

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Massachusetts Bay and Rhode Island

Teacher-friendly lesson plan

Background Essay: Homework Essay: Massachusetts and Rhode IslandTwo Models of Religious Liberty

Includes comprehension and critical thinking questions.

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Massachusetts Bay and Rhode Island

Learning Goals Understand the place of John Winthrop and Roger Williams in American history. Compare and contrast competing models of religious liberty in Massachusetts Bay and Rhode Island. Assess the significance of each model to the American experiment in religious liberty.
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Lesson One: Massachusetts Bay and Rhode IslandTwo Views of Religious Liberty
Warm-up--Simulation in which students decide whether to admit reformers to voluntary clubs they have formed. Football Club Music Club Literature Club Computer Club Reformers (C: specific instructions) Which model of church-state relations (Massachusetts Bay or Rhode Island) did your Club group adopt?

Two Views: Handouts D & E

Massachusetts Bay Both Rhode Island

Handout D: Winthrop-Passages from A Model of Christian Charity, 1630

Handout D: Williams-Passages from The Bloudy Tenet of Persecution, 1644

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Two Views: Handouts D & E

Massachusetts Bay Both Rhode Island

John Winthrop
Puritans Model of Christian Charity Massachusetts Body of Liberties Nathaniel Ward Religious Liberty includes a peoples right to exclude nonbelievers. Established in part for the purpose of providing something to the world. Theological arguments for religious liberty Goal of peaceful & successful way of life.

Roger Williams
Separation of Church and State Rhode Island Charter Providence Agreement Bloudy Tenet of Persecution Religious Liberty means freedom of individual conscience.

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Massachusetts Bay and Rhode Island

Discussion: The Puritans are sometimes criticized for a hypocritical approach to religious libertythat they wanted religious freedom but they denied it to others. Is this a fair criticism? Why or why not? Does it surprise you that Massachusetts was the last of all the states to disestablish its state church? Why or why not? What was the express purpose of the colony of Rhode Island? Why do you think the colonies, and, eventually, the states, followed the model of Rhode Island and not Massachusetts Bay?

Lesson Two
The Constitution, The First Amendment, and Religious Liberty

Lesson 2: The Constitution, The First Amendment, and Religious Liberty

Should tax money be used to support churches? (p. 13) Madison Memorial and Remonstrance Against Religious Assessments Jeffersons Virginia Act for Establishing Religious Freedom
James Madison by Gilbert Stuart, c. 1821

The efforts of these men gradually inspired other states to disestablish state churches where they existed.

Thomas Jefferson, Rembrandt Peale, 1800

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Roger Williams
*A+ hedge or wall of separation between the garden of the church and the wilderness of the world"
Roger Williams 1644 Letter to John Cotton

The Constitution, The First Amendment, and Religious Liberty

We have abundant reason to rejoice that every person may here worship God according to the dictates of his own heart. In the enlightened Age and in this Land of equal liberty it is our boast, that a man's religious tenets will not forfeit the protection of the LawsGeorge Washington, letter to the members of the New Church in Baltimore, 1793. (p. 13)

George Washington, Gilbert Stuart, c. 1821

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The Constitution, The First Amendment, and Religious Liberty

As God is the only worthy object of all religious worship, and nothing can be true religion but a voluntary obedience unto his revealed will, of which each rational soul has an equal right to judge for itself, every person has an unalienable right to act in all religious affairs according to the full persuasion of his own mind, where others are not injured thereby... Isaac Backus, Baptist minister, 1779

Isaac Backus

The Constitution, The First Amendment, and Religious Liberty

Learning goals
Understand the significance of Virginia, to the development of religious liberty in America. Analyze primary source documents about the relationship between church and state. Assess arguments for and against established religion and a public role for religion in civic life. Appreciate the philosophical and political processes of the American experiment in religious liberty.

Read Essay: The Constitution, the First Amendment, and Religious Liberty and answer the comprehension and critical thinking questions. (p. 16)

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The Constitution, The First Amendment, and Religious Liberty

Comprehension and Critical Thinking Questions 1.What was the Bill Establishing a Provision for Teachers of the Christian Religion? What arguments were put forth for and against it? 2.George Washington supported religious liberty, but did not oppose the proposed Bill Establishing a Provision for Teachers of the Christian Religion. How did he reconcile these positions? 3.Why could states establish religions and require religious tests even after the ratification of the Constitution and Bill of Rights?

4.Today, there are over 55 countries with established religions. However, a similar number of countries have moved toward religious freedom over the last 150 years. Why do you think the trend over the last 150 years has been to disestablish religions?

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The Constitution, The First Amendment, and Religious Liberty

Working with a partner or two, analyze the quotations on your assigned handout: Handout A: A Connected Church and State Handout B: A Separated Church and State.

Summarize the best arguments for your position.

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The Constitution, The First Amendment, and Religious Liberty

Discuss with your partner(s) Handout C: A Public Role for Religion in Civic Life? What kind of society or government are the speakers seeking to promote? What value do the speakers see in a public role for religion?

The Constitution, The First Amendment, and Religious Liberty

Handout D: Student Activity Students work in pairs, using Background Essay, Handouts A, B, and C to plan a dialogue that might have occurred in 1800. Which reasons for and against establishment are most persuasive? Is the question of establishment/nonestablishment of religion a black and white one? Does any public role for religion constitute an establishment of religion? If yes, why? If not, where is the line drawn?

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The Constitution, The First Amendment, and Religious Liberty Homework

A. Create editorial cartoons that illustrate the issues of the 1785 Bill Establishing a Provision for Teachers of the Christian Religion.

B. Find news articles about events that involve the relationship between government and religion.
Articles are available at www.BillofRightsInsitute.org/Headlines

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The Constitution, The First Amendment, and Religious Liberty Extensions

A. Research Torcaso v. Watkins (1961), which resulted in the end of religious tests for public office.

B. Have student groups research a country with a strong church-government connection. They should create a short documentary to illustrate how life in that country is different from life in America. Students can begin their research at www.BillofRightsInstitute.org/ReligiousLiberty

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Lesson Three

Religious Toleration and Religious Liberty

James Madison Memorial Fellowship Foundation

Become a constitutional scholar Receive funding for a Master of Arts (MA) Master of Arts in Teaching (MAT) Master of Education (MEd) with an emphasis on Constitutional history Attend the four-week Summer Institute, "The Foundations of American Constitutionalism" in Washington, D.C.

Complete your degree in five years

Teach for another two years (approximately) Submit an application by March 1

Religious Toleration and Religious Liberty

What is the difference between religious toleration and religious liberty? How can people maintain the highest degree of religious liberty in a free, ordered society?

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Lesson 3: From Toleration to Liberty, p. 25

George Washington and the Hebrew Congregation in Newport, Rhode Island
1607 through the 1770s: official policy of toleration (the civil authority could grant or revoke the privilege of free religious exercise by minorities) 1770s to the 1790s : shift to an experiment in true religious liberty (freedom of conscience was seen as a natural right)

This shift was given voice, weight and credibility in George Washingtons 1790 letter to the Hebrew Congregation in Newport, Rhode Island.

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From Toleration to Liberty: George Washington

We have experienced the quiet as well as the comfort which results from leaving everyone to profess freely and openly those principles of religion which are the inductions of his own reason and the serious convictions of his own inquiries. Thomas Jefferson, Reply to Virginia Baptists, 1808 (p. 25)

...[M]aintaining respect for the religious observances of others is a fundamental civic virtue that governmentcan and should cultivateThe founders of our Republic knew the fearsome potential of sectarian religious belief to generate civil dissension and civil strife. Justice Antonin Scalia, Dissenting Opinion, Lee v. Weisman (1992)
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From Toleration to Liberty: Washingtons Letter

Learning goals (p. 25) Understand the evolution of religious liberty from the colonial period to the Founding Era. Assess legal and historical documents as examples of toleration and/or liberty. Analyze George Washingtons 1790 letter to the Hebrew Congregation in Newport, Rhode Island.

Appreciate Washingtons letter as an early and important example of the shift from religious toleration to religious liberty in America.

George Washington By Gilbert Stuart, 1795

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From Toleration to Liberty: Washingtons Letter

Read Essay: From Establishment to Free Exercise: Religion, George Washington and the Hebrew Congregation in Newport, Rhode Island.
Touro Synagogue, Newport, RI; Americas first synagogue; photo by D. B. King

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From Toleration to Liberty: Washingtons Letter

Work with a partner or two to complete Handout A: Defining Toleration and Liberty. Share results and develop consensus. George Masons draft of Article 16 of the Virginia Declaration of Rights (1776)

James Madisons amendment to Masons draft

The delegates in Virginias legislature approved Madisons wording. How does this amendment demonstrate an important shift in thinking about religion and government?

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From Toleration to Liberty: Washingtons Letter

A.Continue to work with your partner(s) using Handout B: Religion and Americas Past Toleration, Liberty, or Both?

Discuss your assigned document excerpts and be ready to share your paraphrase. How would you complete the table?
B. Report results. Note trends over time.
George Washington by Gilbert Stuart, 1797

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From Toleration to Liberty: Washingtons Letter

A. We need a volunteer! Read aloud Handout C: Washingtons Letter to the Hebrew Congregation at Newport, Rhode Island. B. Work with a partner or two to discuss Handout D: Document Guide.

George Washington, Gilbert Stuart, 1796

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From Toleration to Liberty: Washingtons Letter

Document D Critical Thinking Questions: 1. Keeping in mind that toleration refers to a government policy, was Washington correct that we have moved from religious toleration to religious liberty? 2. Is there any significance in the fact that Washington closed his letter with a prayer? 3. One historian has described Washingtons letter as articulating the conscience of a nation with respect to religious liberty. How would you assess that claim? Explain. 4. Religious conflict has been prevalent and bloody throughout world history. Why do you think that, with a few exceptions, Americans of various faiths have been able to live side by side in peace? Explain.
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From Toleration to Liberty: Washingtons Letter

How significant is it that this letter was written by a sitting President? Would the letter have carried as much (or more?) weight if it had been written by: --A member of Congress? --A government official who had not attended the Constitutional Convention? --A private citizen? From lesson plan, p. 27 Wrap-up

Washington spoke of the role of the U.S. government in giving persecution no assistance and bigotry no sanction. Do private citizens also have this responsibility to each other? Explain. What does Washington say about the distinction between toleration and liberty in the American political experiment?
What civic values are required of citizens living in a religiously diverse society? (In addition to the ideas students generate, you may suggest respect, consideration, and humility.)

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From Toleration to Liberty: Washingtons Letter

Homework Have students write a one-page reply to George Washington expressing their opinion on the state of religious liberty in America today. Extensions Distribute Thomas Jeffersons 1802 Letter to the Danbury Baptists in the next lesson. Have students create a Venn diagram comparing and contrasting the ideas expressed in Jeffersons 1803 letter with those expressed in Washingtons 1790 Letter to the Hebrew Congregation in Newport, Rhode Island.

Thomas Jefferson Rembrandt Peale, 1800

George Washington Gilbert Stuart, 1795

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Lesson Four

First Amendment Principles and Jeffersons Wall

Lesson 4: First Amendment Principles and Jeffersons Wall

I am for freedom of religion, and against all maneuvers to bring about a legal ascendancy of one sect over another. --Thomas Jefferson, 1799

. . . the individuals freedom to choose his own creed is the counterpart of his right to refrain from accepting the creed established by the majority. Justice John Paul Stevens, 1985

Thomas Jefferson Charles Willson Peale, 1791

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First Amendment Principles and Jeffersons Wall

Learning Goals Understand how the Supreme Courts interpretation of the First Amendment changed in light of the Fourteenth Amendment Analyze Thomas Jeffersons letter to the Danbury Baptists Evaluate the Supreme Courts application of Jeffersons metaphor
Jeffersons handwritten draft, Jan. 1, 1802 (Library of Congress)

Assess the usefulness of the wall of separation metaphor in determining the constitutionality of state action with respect to religion.

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First Amendment Principles and Jeffersons Wall

Read Essay: First Amendment Principles and Jeffersons Wall.

Civil Government cannot let any group ride roughshod over others simply because their consciences tell them to do so. - Justice Robert H. Jackson, 1943.
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First Amendment Principles and Jeffersons Wall

Wall of Separation between Church and State

Congress shall make no law respecting an establishment of religion

Work with a partner or two to What are letters in Handout A: analyze both some advantages and disadvantages of metaphors? Danbury Baptists letter to Jefferson and Jeffersons reply.

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First Amendment Principles and Jeffersons Wall

Questions for Discussion 1. Explain the Danbury Baptists view of religious liberty in your own words. 2. Does Jefferson agree or disagree with the Baptists view of religious liberty? 3. Is there any significance in the fact that Jefferson based his arguments on a theological assertion and/or that he closed his letter with a prayer? 4. Thomas Jefferson considered himself a champion of religious freedom. . He wrote the Virginia Statute for Religious Freedom. Why do you think he did not address the Baptists concerns about problems of state establishment? 5. What does Jefferson say is the legitimate reach of government? What does this mean? What do you believe have been Jeffersons response to the Robert H. Jackson quotation?

First Amendment Principles and Jeffersons Wall

From lesson plan, p. 39 Wrap-up

Did anything in either letter surprise you?

What are some reasons that Thomas Jeffersons letter to the Danbury Baptists should be considered an authoritative source on the meaning of the First Amendment?
What are some reasons it should not be considered an authoritative source? How should citizens, lawmakers, and judges approach the task of understanding the First Amendment?

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First Amendment Principles and Jeffersons Wall

Homework A. Prepare for fishbowl debate: Jeffersons letter should be considered an authoritative source on the meaning of the First Amendment.

B. Divide students into six groups and give each group a copy of Handout C: Neither Snow Nor Rain. Assign a Mail Delivery Problem to each group and have them formulate a Post Office Policy for that problem.
Extensions Have students watch JFKs speech to the Greater Houston Ministerial Association (11 minutes) at www.Billofrightsinstitute.org/religiousliberty. Then conduct a large group discussion.

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Lesson Five
Background Essay traces developments through the cases shown in the warmup at the beginning of this program. Document Based Question Jason is the valedictorian of a public high school. Is he allowed to mention his faith in his valedictory address? If he does so, has the school district violated the First Amendment?

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Religious Liberty Post Assessment

Which of these statements reflects the highest degree of religious liberty?
1. No person professing to believe in Jesus Christ shall from henceforth be any waies troubledin respect of his or her religion 2. No subject shall be hurt, molested, for worshipping God in the manner and season most agreeable to the dictates of his own conscience

3. All possess alike liberty of conscience and immunities of citizenship.

4. All men should enjoy the fullest toleration in the exercise of religion, according to the dictates of conscience.

5. Not sure

Religious Liberty Post Assessment

How did the phrase a wall of separation between church and state become part of our national dialogue about religious liberty?
1. It came from Magna Carta.
2. It came from the Bill of Rights.

3. It came from a letter from George Washington.

4. It came from a letter from Thomas Jefferson

5. Not sure

Which statement most accurately completes a comparison between religious toleration and religious liberty?
Religious toleration means that people can worship as they wish, but government has the legitimate power to intervene for any reason.

1. Religious liberty means the same thing.

2. Religious liberty means people have a human right to worship as they wish without government interference for any reason.
3. Religious liberty means that people have a human right to worship as they wish, and government can intervene only to protect the life, property, and safety of others. 4. Religious liberty means that the government can regulate or deny religious worship as they see fit. 5. Not sure
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