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First Amendment Full Text: Congress Thesis

The underlying religious beliefs f the "I Am" movement did not matter. This made the prohibition against the state or even juries determining the validity of religious beliefs explicit, stating that not only were they immaterial but that they were unallowable for consideration under the law. Minersville School District v. Gobitis

310 U.S. 586 (1940)

Facts: Two children (10 and 12) were suspended from school for refusing to salute the flag on religious grounds (the children were Jehova's Witnesses).

Issue: Were the children's due process denied because of their exercise of religious freedom?

Holding: The suspension stood; the right of the school district to promote national unity was determined more at issue than the freedom of religious exercise limited by the act of saluting the flag

Reasoning: Freedom of religion was never meant to guarantee freedom from other laws that do not prohibit or prevent the exercise of religion, therefore when laws exist for other compelling reasons they can be upheld even in the face of religious opposition. This broadened the situations in which authority wins out over liberty in religious cases

Board of Education of the Westside Community Schools v. Mergens

496 U.S. 226 (1990)

Facts: Students attempting to form a Christian Club were denied the opportunity when the school decided that a faculty sponsor -- a requirement for all clubs -- would constitute an endorsement of a specific religion (i.e. Christianity).

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This meant that other clubs could be formed to oppose the views of the Christian club, and as faculty members were barred by the school's own rules from participating in club activities, no endorsement existed.
The Changing Interpretation

The freedom of religion protected and guaranteed by the First Amendment is still in debate and flux today. Supreme Court rulings have generally set clearer boundaries limiting the government's intervention and control of religion, though some cases have had the opposite effect.

References

Cornell University Law School. (2009). "Amendment I." The U.S. Constitution. Accessed 11 September 2009. http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmenti

The Religious Freedom Page. (2009). "Court Decisions. Accessed 11 September 2009. http://religiousfreedom.lib.virginia.edu/court/

U.S. Constitution Online. (2009). "Amendment 1 -- freedom of religion, press." Accessed 11 September 2009. http://www.usconstitution.net/constnotes.html#Am1

Sources used in this document:
References

Cornell University Law School. (2009). "Amendment I." The U.S. Constitution. Accessed 11 September 2009. http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmenti

The Religious Freedom Page. (2009). "Court Decisions. Accessed 11 September 2009. http://religiousfreedom.lib.virginia.edu/court/

U.S. Constitution Online. (2009). "Amendment 1 -- freedom of religion, press." Accessed 11 September 2009. http://www.usconstitution.net/constnotes.html#Am1
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