Separation Of Church & State

Separation Of Church & State

By Haowra Faraj & Selina Pham

Supreme Court Case #1

Significance of Cases

Recent Cases Taken Up by the Supreme Court

Introduction

• Letter from Thomas Jefferson (1802)
• 1st Amendment of the United States Constitution
• Supreme Court Decisions

The majority opinion authored by Justice Kennedy stated: "The town of Greece does not violate the First Amend­ment by opening its meetings with prayer that comports with our tradition and does not

coerce participation by non adherents."

Justice Thomas wrote in his separate opinion that the case should be dismissed because the Establishment Clause doesn't apply to the states and its subdivisions, but only to Congress. He also stated that the Constitution would have only been violated if “actual legal coercion” like imposing taxes to pay for the church is used.

Justice Breyer filed a dissent that focused on the

case facts and argued that the town must do more to make its legislative prayer inclusive of other faiths.

Chief Justice: John G. Roberts

• Town of Greece vs. Galloway (2014)
• Hosanna-Tabor Evangelical Lutheran

Church & School vs. EEOC (2011)

• Arizona Christian School Tuition

Organization vs. WINN(2012)

The ministerial exception is a legal doctrine in the United States intended to protect the freedom of religion by exempting religious institutions from anti-discrimination laws in hiring employees.

TOWN OF GREECE v. GALLOWAY

Town of Greece v. Galloway is a United States Supreme Court case in which the court decided that the Town of Greece, New York may permit volunteer chaplains to open each legislative session with a prayer.The plaintiffs were Susan Galloway and Linda Stephens, represented by Americans United for Separation of Church and State.They argue that the prayers violate the Establishment Clause of the First Amendment to the United States Constitution. The United States Court of Appeals for the Second Circuit ruled against the town, and on May 20, 2013 the Supreme Court agreed to rule on the issue. On May 5, 2014, the U.S. Supreme Court ruled 5-4 in favor of the Town of Greece, and that the town's practice of beginning legislative sessions with prayers does not violate the Establishment Clause of the First Amendment.

Constitutional Principle at Stake

Supreme Court Case #2

Legal Issues & Importance to Civil Rights

• United States founded on freedom of religion & freedom from an oppressive religious government

HOSANNA-TABOR EVANGELICAL LUTHERAN CHURCH AND SCHOOL v. EEOC

Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity

Commission was a United States Supreme Court case in which the Court unanimously ruled that federal discrimination laws do not apply to religious organizations' selection of religious leaders.

Cheryl Perich filed a lawsuit against the Hosanna-Tabor Evangelical Lutheran Church and School in Redford,

Michigan, for allegedly violating the Americans with Disabilities Act. After several months on disability, Perich was diagnosed and treated for narcolepsy and was able to return to work. But she said the school at that point urged her to resign and, when she refused, fired her.Perich filed a complaint with the Equal Employment Opportunity Commission, which ruled in her favor and authorized a lawsuit against the school. Attorneys representing Hosanna-Tabor Evangelical Lutheran Church and School argued that the

"ministerial exception" under the First Amendment should apply in their client's case.

The district court was in favor of the school, but the United States Court of Appeals overturned the ruling and remanded the case back to the lower court. The court held that Perich's role at the school was not religious in nature,

and therefore the ministerial exception did not apply.

Chief Justice: John G. Roberts

NOTES: Narcolepsy - a condition characterized by an extreme tendency to fall asleep

whenever in relaxing surroundings.

• Public education, prayer in schools, teaching creationism, government aid & unequal treatment of religious groups, blue laws
• Why was separation of church and

state established?