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Church and State

Church and State

 Table of Contents

Church and State Timeline

How It All Went Down

Sep 21, 1789

First Amendment Drafted

Led by James Madison, the United States Congress agrees to the precise language of the religion clauses of the First Amendment.

Sep 25, 1789

Official Day of Prayer and Thanksgiving

The House of Representatives, with only two dissenting votes, passes a resolution calling for an official day of prayer and thanksgiving.

Dec 15, 1791

Bill of Rights Ratified

The First Amendment to the United States Constitution is ratified, guaranteeing that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech."19

Jun 7, 1797

Treaty of Tripoli

The Treaty of Tripoli, negotiated under the administration of President George Washington, is ratified by the Senate. The treaty, in pledging American friendship with the Muslim nation, explicitly declares that "the United States of America is not, in any sense, founded on the Christian religion."20

Nov 11, 1833

Masachusetts Disestablishment

Massachusetts disestablishes its Congregational churches, which have been its official religion since the original settlement of the Puritan colony in the early seventeenth century. Massachusetts becomes the last state to disestablish its official, tax-supported church.

May 5, 1879

Reynolds v. United States

The United States Supreme Court rules in Reynolds v. United States that George Reynolds’s religious "duties" do not protect him from prosecution under federal anti-polygamy laws. Reynolds claimed that since his Mormon religion sanctioned polygamy, the First Amendment shielded him from prosecution. But the Court holds that while his right to religious belief is absolute, the government has a responsibility to curb religious practices that conflict with the broader interests of the community. Polygamy, the Court argues, is an indefensible religious practice and therefore his conviction stands.

May 20, 1940

Cantwell v. Connecticut

In Cantwell v. Connecticut, the United States Supreme Court holds that a local solicitation ordinance violates the First Amendment rights of the Jehovah’s Witnesses bringing the suit. In reaching this decision, the Court "incorporates" the free exercise and establishmentclauses of the First Amendment, making its terms applicable to the state governments as well as to the federal government.

Feb 10, 1947

Everson v. Board of Education

The United States Supreme Court rules in the case of Everson v. Board of Education, Township of Ewing that New Jersey's law subsidizing the transportation of students to Catholic schools on public buses is not a violation of the establishment clause. The Court argues that transportation, like police and fire protection, appropriately advances the public welfare, and that the child, not the religious school, is the primary beneficiary of the aid. Therefore the state’s practice does not violate the First Amendment.

Apr 28, 1952

Zorach v. Clausen

In Zorach v. Clausen, the United States Supreme Court rules that New York’s "released time" program, which allows public school students to leave school early in order to attend religion classes, is permissible because the religious instruction takes place off school grounds. In an earlier case, McCollum v. Board of Education, the Court had ruled an Illinois released time program unconstitutional because the religious instruction occurred on public school grounds.

Jun 25, 1962

Engel v. Vitale

In Engel v. Vitale, the United States Supreme Court rules that the Regents' Prayer, recited daily in New York public schools, violates the establishment clause of the First Amendment. Despite claims that the prayer is denominationally neutral and that students could choose to remain silent or leave the room, the Court argues that in composing an "official prayer" and coordinating a daily religious observance, the state had violated the First Amendment.

Jun 17, 1963

Abington School District v. Schempp

In Abington School District v. Schempp, the United States Supreme Court rules that a Pennsylvania law requiring the reading of Biblical scriptures in public schools is a violation of the establishment clause. The Court rejects the state’s argument that the daily exercise is designed to teach moral values, not religious doctrine.

Nov 12, 1968

Epperson v. Arkansas

In Epperson v. Arkansas, the United States Supreme Court strikes down an Arkansas state law that prohibits the teaching of Darwinian evolution. The Court argues that the First Amendment requires government neutrality on questions of religion and overturns the Arkansas State Supreme Court, which had ruled that the state's law represented a legitimate exercise of its authority to determine school curriculum.

Jun 28, 1971

Lemon v. Kurtzman

In Lemon v. Kurtzman, the United States Supreme Court clarifies the standard for determining whether a form of public aid to religious schools violates the establishment clause of the First Amendment. To be constitutional, the aid must 1) advance a secular objective, 2) neither advance nor inhibit religion, and 3) not lead to the excessive entanglement of government and religion. The first two criteria had already been established; the third represents a new legal test for a form of government aid.

Jan 5, 1982

McLean v. Arkansas Board of Education

In McLean v. Arkansas Board of Education, a United States Federal Court strikes down an Arkansas law requiring that "evolution-science" and "creation-science" be given "equal treatment" in the classroom. The court rejects Arkansas' claim that "creation-science" is a legitimate science and holds that the purpose of the Arkansas law is to advance religion and therefore is impermissible.

Jun 29, 1983

Mueller v. Allen

In Mueller v. Allen, the United States Supreme Court decides that a Minnesota tax deduction for school tuition, transportation, books, and supplies is allowable because both public and private school parents can benefit. The Court acknowledges that tuition-paying parents of religious school children reap the largest benefits, but the Court holds that "whatever unequal effect may be attributed to the statutory classification can fairly be regarded as a rough return for the benefits . . . provided to the State and all taxpayers by parents sending their children to parochial schools."21

Jun 4, 1985

Wallace v. Jaffree

In Wallace v. Jaffree, the United States Supreme Court rules that an Alabama law authorizing public school teachers to hold a minute of silence for "meditation or voluntary prayer" violates the establishment clause of the First Amendment. The Court holds that the Alabama statute fails the Lemon Test by advancing a religious, rather than a secular, purpose.

Jun 19, 1987

Edwards v. Aguillard

In Edwards v. Aguillard, the United States Supreme Court strikes down a Louisiana law that requires the teaching of creationism alongside evolution. The Court rules that the law fails to pass the criteria established in Lemon v. Kurtzman (the Lemon Test)—that is, the law advances a religious objective and it leads to the excessive entanglement of church and state by mandating "the symbolic and financial support of government to achieve a religious purpose."22

Apr 17, 1990

Employment Division v. Smith

In Employment Division v. Smith, the United States Supreme Court upholds a government refusal to provide unemployment benefits to two men fired for using drugs. The fired drug rehabilitation program employees claim that their use of peyote is part of a Native American religious ritual and therefore they are protected from retaliatory action by the First Amendment. But the Court holds that "if prohibiting the exercise of religion . . . is not the object . . . but merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended."23 In other words, if a law is generally defensible and its purposes are valid, an individual's religious reasons for violating that law do not entitle him to any extraordinary protection from the consequences.

Jun 18, 1993

Zobrest v. Catalina Foothills School District

The United States Supreme Court rules in Zobrest v. Catalina Foothills School District that the district may provide a sign language interpreter for a deaf child attending a Catholic high school without violating the establishment clause of the First Amendment.

Jun 23, 1997

Agostini v. Felton

In Agostini v. Felton, the United States Supreme Court overturns an earlier decision (Aguilar v. Felton) that a New York City program designed to provide tutoring and remedial education services to low-income children could not deliver these service on a religious school campus. Holding that allowing public employees to provide tutoring on a religious school campus would not constitute a "symbolic union" of church and state, the Court holds that the federally-funded program could deliver its services on a religious school campus without violating the establishment clause.

Jun 19, 2000

Santa Fe Independent School District v. Doe

In Santa Fe Independent School District v. Doe, the United States Supreme Court rules that the Santa Fe High School practice of conducting a prayer, led by a student-elected chaplain, before football games is a violation of the establishment clause of the First Amendment. Even though the school district modified the practice by holding a second election that asked the students if they wanted to hold these public prayers, the Court holds that the practice still represents a form of state sanctioned religious coercion that violates the rights of the dissenting students.

Jun 28, 2000

Mitchell v. Helms

In Mitchell v. Helms, the United States Supreme Court affirms the constitutionality of a Louisiana state program that provides books, computers, lab equipment, televisions, and video tape recorders to religious schools, thus broadening the range of permissible state assistance to religious schools.

Jan 29, 2001

White House Office of Faith-Based and Community Initiatives

President George W. Bush signs an executive order creating the White House Office of Faith-Based and Community Initiatives to subsidize church-affiliated organizations that address public needs such as drug and alcohol rehabilitation and domestic violence. Critics argue that this represents a violation of the establishment clause.

Jun 27, 2002

Zelman v. Simmons-Harris

In Zelman v. Simmons-Harris, the United States Supreme Court rules that Cleveland's school voucher program does not violate the establishment clause of the First Amendment. The Court argues that since the program addresses a legitimate secular purpose of improving the educational options of poor children within a struggling school system. Since the vouchers, in the form of scholarships of up to $2250, are made available to a large category of people who are then free to direct this money to the school of their choice, religious or non-religious, the government program is neutral on religion and therefore not in violation of the First Amendment.

Jan 13, 2005

Selman v. Cobb County

In Selman v. Cobb County, a United States District Court rules that the stickers placed on science books by a Georgia school district stating that "evolution is a theory, not a fact" represent a violation of the establishment clause of the First Amendment.

Mar 31, 2005

Terri Schiavo Passes Away

Terri Schiavo dies thirteen days after the removal of the feeding tubes that have kept her alive in a "persistent vegetative state" since 1990. In a protracted court battle over the custody and care of Shiavo, both sides argue that the First Amendment is being violated.

Dec 20, 2005

Kitzmiller v. Dover

In Kitzmiller v. Dover, a United States District Court rules that a Pennsylvania school district’s "intelligent design policy" violates the First Amendment. Under this policy, district teachers are required to inform students of the "gaps/problems in Darwin's Theory," and they are required to introduce "other theories of evolution including, but not limited to, intelligent design."

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