-
Relgious freedom and US History
- European settlers fleeing religious persecution
- Concern over the civil power of churches
- No majority religion in the first 13 states
-
Religion and Authors of the Constitution
- Some were Christians and Catholics
- Some where deists
- Some were atheists
- Advocated strict separation of church and states
-
Article 6
No religious test can legitimize office
-
First Amendment
- No law against the establishment and free exercise of religion
- There can be no “official” U.S. religion
- Government cannot interfere with a person’s religion
-
Reynolds vs. the United States (1878)
- Polygamy case
- Free exercise clause applies to beliefs, not practices
-
14th Amendment
- Added in 1868
- Other laws applied to federal government
- This amendment dealt with state interference
-
Religious Freedom Restoration Act (1993)
- Protection of religious freedom of lesser know religion
- Invalidated in 1997 by the Supreme Court
-
Religious Liberty Protection Act
Passed House, never went to Senate or President
-
Democrats
- Black Protestants
- Jews
- Some Catholics
-
Republicans
- Mainline Protestants
- Conservative Catholics
- Evangelicals
-
Civil Religion (Robert Bellah)
- “Religion-like elements connected with the American political system”
- Declaration of Independence, Constitution, holidays, Presidential speeches
-
Church of Lukumí Babalu Ayé vs. the City of Hialeah
- Legal dispute began in 1987
- Hialeah city council passed ordinances banning animal sacrifice
- Ernesto Pichardo is at the center of this
- 1987 Pichardo and some associates leased property in Hialeah to build a church
- Began operating a modest building
- Infrastructure began to disappear
- Pamphlets began to circulate
- Other churches began to protest
- Humane Society and Animal Rights
- June 9th the City Council accused the religion of being a cult
-
Church of Lukumí Babalu Ayé vs. the City of Hialeah
- First resolution is passed opposing animal sacrifice
- September 1987 3 ordinances passed:
- September 24 Church filed a suit saying their religious freedom was being violated
- The Church went after the ordinances
- Accused the city of harassment
- District Court & Court of Appeals affirmed the ruling
- US Supreme Court- June 11, 1993 they ruled the ordinances unconstitutional
-
The Impact of Church of Lukumí Babalu Ayé vs. the City of Hialeah
- Practitioners allowed to perform animal sacrifice
- Able to have a public religious space
- Religion recognized as a religion, not a cult The Church today
|
|
