The Decline Of Free Exercise
Reynolds v. United States (1878). When Mormons challenged a federal law prohibiting polygamy, the Court said the right to believe religion is absolute, but the right to practice it can be limited to protect the public good.
Cantwell v. Connecticut (1940). The Court applied the free-exercise clause to state law, ruling in favor of Jehovah’s Witnesses’ objections to state licenses and fees for solicitation of funds.
Sherbert v. Verner (1963). When a state denied unemployment compensation to a Seventh-day Adventist because she refused to work on her Sabbath, the justices said the freedom to act in accordance with religious beliefs involves a balance between the religious claim and the public interest. The Court said the public interest must be compelling, or of the highest importance, before religion is restricted, and government must meet its objective by using the method that least restricts the religious belief or practice.
Wisconsin v. Yoder (1972). Old Order Amish challenged a state law that required children to attend ninth and tenth grades, saying it violated their religious beliefs. The Court ruled the state’s interest in the classroom education was less important than the threatened harm to Amish beliefs.
Employment Division v. Smith (1990). The Court upheld the denial of unemployment benefits to a Native American fired for using peyote in a religious ceremony. The justices virtually scuttled the Sherbert test, ruling that states need not show a compelling interest when defending a generally applicable law that has a side effect of burdening religious practice.
The Limits Of Accommodation
Everson v. Board of Education (1947). The Court approved state busing and textbook aid to children in parochial and other private schools, but also acknowledged that under the establishment clause, there were limitations on government involvement with religious education.
Engel v. Schempp (1962) and Abinston School District v. Schempp (1963). The Court held that the establishment clause prohibits government-directed religious exercises such as prayers and Bible reading in public schools, but permits teaching about religion’s contributions to society.
Lemon v. Kurtzman (1971). In a challenge to state aid to parochial schools, the Court synthesized a three-part test from earlier decisions. In order to be constitutional, a law must (1) have a secular legislative purpose; (2) neither advance nor inhibit religion as a primary effect; and (3) avoid excessive entanglement between church and state.
Jones v. Wolf (1979). In a dispute over church property ownership, the Court said the First Amendment prohibits civil courts from resolving cases dealing with religious doctrine and practice.
Marsh v. Chambers (1983). The Court decided not to apply the Lemon test in rejecting a challenge to Nebraska’s employment of a legislative chaplain.
Board of Education v. Mergens (1990). The Court said public schools that permit extracurricular secular clubs must permit student-led religious clubs as well.
Compiled by Robert W. Nixon.
