Freedom of Exercise Does Not Refer to a Gym

Membership

By Steven Jeune

Presentation Objectives

After this presentation you will:

1.Discover or revisit the historical aspect of religion in higher education

2.Strengthen prior knowledge of the 1st and14th amendments in the US Constitution (as they are related to religion and higher education)

3.Analize constitutional infringements as they relate to higher education and religion

4.Reflect on future implications for higher education institutions with regards to (religious) discrimination

Hobby Lobby

http://www.ibtimes.com/hobby-lobby-supreme-court-case-sparks-fierce-battle-over-womens-rights-religious-freedom-corporatehttp://standupforreligiousfreedom.com/2014/march25/

VS

Presentation Plan• Dive into the history of religion in higher education AKA

the colonial college

• 1787: A constitution is born/1791 the Bill of Rights

• Does law actually get obeyed?

• What could/should happen with religion in higher education

Colonial Colleges

http://education.stateuniversity.com/pages/2044/Higher-Education-in-United-States.htmlhttp://en.wikipedia.org/wiki/College_of_William_%26_Mary

http://en.wikipedia.org/wiki/Harvard_Universityhttp://en.wikipedia.org/wiki/Yale_University

Puritan Puritan

Church of England

The Constitution Quiz #1stammendment

Question 1How many freedoms are named in the First Amendment?1. One2. Five3. Three4. Ten

Question 2The First Amendment Protects us against:1. The Federal Government2. All U.S. governmental bodies3. Public criticism4. Crude jokes

Question 4True or false? School-sponsored prayer is prohibited in public schools. That means students can’t pray in school at all, in any way.1. True2. False

Question 3The U.S. Constitution provides that the United Statesis a:1. Christian nation2. Protestant nation3. Nation of church-goers4. None of the above

http://documents.mccormickfoundation.org/Civics/programs/files/pdf/FASI-Sum2011/FA-Quiz.pdf

1st Amendment

Freedom of religion, speech, and the press; rights of assembly and petition:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”

http://www.constitutionfacts.com/us-constitution-amendments/bill-of-rights/

14th Amendment

Equal Protection (Section 1):

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

http://www.law.cornell.edu/constitution/amendmentxiv

Legal Cases

http://www.law.cornell.edu/constitution/amendmentxiv

• Locke V. Davey

• Colorado Christian University V. Weaver et. Al

• Burwell V. Hobby Lobby Stores

• Wheaton College V. Burwell

Case Law I

Locke V. Davey (State of Washington Promise Scholarship program)

Important Legal Statutes:

1. 1st Amendment (Establishment Clause)

2. 1st Amendment (Free Exercise Clause)

State of Washington Constitution:“Religious Freedom. Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness

or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment.” 

http://www.supremecourt.gov/opinions/03pdf/02-1315.pdf

Case Law 2

Colorado Christian University V. Weaver et. al

Important legal statutes:

1. 1st Amendment (Freedom of Exercise Clause)

2. 14th Amendment (Equal Protection Clause)

http://www.justice.gov/crt/about/app/briefs/weaver.pdf

Case Law 3 1/2Burwell V. Hobby Lobby Stores/Wheaton College V. Burwell

Important legal statutes:

Patient Protection and Affordable Care Act (ACA)

Religious Freedom Restoration Act of 1993 (RFRA)

14th amendment (Equal protection clause)

http://www.oyez.org/cases/2010-2019/2013/2013_13_354 http://www.supremecourt.gov/opinions/13pdf/13a1284_ap6c.pdf

Future Implications

According to Pratt (2014):

If we allow corporations to have religious choice and exemption rights the question remains open as to what other rights does a corporation have? […]this can open the floodgates to further discrimination based on sex, race, sexual orientation as well as religion (p. 3)

Pratt. B. (2014). Is the Supreme Court Setting Us Back or Bringing Us Forward?

Questions???